SUPERIOR Court Associate Judge Joseph N. Camacho has denied in part the joint stipulation of the parties to have the plaintiffs file an amended complaint and extend the deadline for the defendants to respond to the complaint of nine terminated firefighters.
Judge Camacho ordered the parties to appear in court for a status conference hearing on Tuesday, July 13, at 2:30 p.m.
He said the “matter of plaintiffs’ preliminary injunction is now under advisement, and the issue has far-reaching ramifications beyond this particular case.”
Judge Camacho ordered the parties to come prepared to discuss and inform the court about the following:
• Will plaintiffs’ amended complaint change the nature of the lawsuit that would negate or moot the current issues under advisement?
• As the matter is now under advisement, allowing defendants to file a response (motion to dismiss/motion to reconsider, etc.) or an answer, etc. that triggers mediation to an amended complaint often creates confusing and overlapping or different/collateral/parallel issues/tracks, etc.
• Will the parties await the decision of the court on the issues already under advisement that have already been briefed and argued?
• Any other information that would be helpful and assist the court in understanding what the parties are stipulating to/about.
Last week, Judge Camacho placed under advisement the request of the nine terminated firefighters to be reinstated to their previous positions in the Department of Fire and Emergency Medical Services while a decision had not been made regarding their lawsuit.
Represented by attorney Joseph Horey, the plaintiffs are Paul T. Acebedo, Jose K. Angui, Allen T. Calvo, Cain C. Castro, Argernon A. Flores, Derek B. Gersonde, Shawn DLR. Kaipat, Philip M. Kalen and Adam J. Safer.
They were terminated in April for insubordination after their refusal to take the Covid-19 vaccination as required by the CNMI Governor’s Directive 2021-002.
Their lawsuit is asking the court to issue an order declaring that their terminations were invalid and unlawful, and to set the terminations aside.
The plaintiffs also want the court to issue an injunctive relief, reinstating them as firefighters, with back pay and cost of their suit.
