Fire department officials ask court to dismiss Double A’s lawsuit

TWO fire department officials have asked the federal court to dismiss the lawsuit filed by Double A Corp. which specializes in fire sprinkler and suppression systems.

Double A sued the Department of Fire and Emergency Medical Services officials for not issuing a sprinkler system that the company proposed to install for a client.

Named as defendants were DFEMS Commissioner Claudio “Clyde” K. Norita and fire inspector Anthony Babauta.

Norita and Babauta, through the Office of the Attorney General, have denied Double A’s allegations.

They said they had “acted properly in valid law enforcement capacity and reasonably in discretionary executive activities.”

Norita is represented by Assistant Attorney General Hessel Yntema, while Babauta is represented by Assistant Attorney General Jose P. Mafnas Jr.

The government lawyers said Double A “unreasonably delayed the filing of the claims and therefore is not entitled to any relief.”

They said the fire department officials have qualified immunity against the allegations in the lawsuit.

Represented by the O’Connor, Berman, Horey & Banes Law Firm, Double A sued the fire department officials for deprivation of property without due process, and deprivation of liberty without due process.

Double A, which demands a jury trial, is seeking damages, including lost income and incidental and consequential damages.

According to the lawsuit, the company submitted a bid for fire sprinkler system installation at a building complex operated by Proper Grand known as Sugar King Dormitory.

It proposed to do the work for $410,150.00 on Oct. 20, 2017.

On Nov. 3, 2017 Proper Grand agreed to hire Double A for the project, which was contingent upon the fire department’s approval of the contractor’s sprinkler system plans.

The fire department has rejected the company’s application for a permit.

Double A’s lawsuit stated it lost the value of its contract worth $410,150 after it was unable to perform its installation project agreement with Proper Grand because the fire department failed to issue an installation permit.