Marianas Variety

Last updateTue, 27 Aug 2019 12am

Headlines:

     

     

     

     

     

    Monday, August 26, 2019-8:31:16P.M.

     

     

     

     

     

Font Size

Settings

Judge: Northpac didn’t file proper response to lawsuit

SAYING that the document filed by a construction company was not a proper response to the lawsuit filed by the U.S. Attorney’s Office, District Court for the NMI Chief Judge Ramona V. Manglona directed the clerk of court not to accept filings from Northpac Corporation.

In its lawsuit, the U.S. government is seeking to collect Occupational Health and Safety Act penalties in the amount of $39,489 from Northpac.

The judge said the court will not accept any filings from any agent of Northpac other than an attorney representing the company.

Northpac general manager Miguel Cruz, in a notice filed in district court addressed to the U.S. Attorney’s Office, stated that the company would like pay $4,940 for the cited workplace safety violations on Aug. 16, 2013.

Cruz also proposed a total amount of $8,551 in settlement payment for the safety inspection violations noted by OSHA on Aug. 25, 2016 to be paid in installments of $300 a month.

But according to the judge, the document that Cruz filed is not an answer nor a proper response to a complaint under the federal rules of civil procedure.

Judge Manglona ordered the clerk of court to strike the answer from the docket.

She also noted that no attorney has made an appearance for Northpac, whether by filing an entry of appearance or by filing a pleading or motion.

“A long-standing rule is that corporations must appear in court through an attorney,” the judge said.

Assistant U.S. Attorney Jessica Wessling has asked the court for a judgment order against Northpac for the total amount of $39, 849.19 for the cited OSHA violations. She said Northpac has not made any payment for the penalties although demand has been duly made.