The AG’s office said its previously filed certification was done in error and in contradiction of 7 CMC § 2208(b)(2), which in part states “…does not extend to or apply to a civil action against an employee of the Commonwealth which: (A) Is brought for a violation of the Constitution(s) of the United States or the Commonwealth, or (B) Is brought for a violation of a statute of the Commonwealth or the United States under which such action against an individual is otherwise authorized.”
The AG’s notice filed in the District Court for the NMI on Aug. 17 also stated that the CNMI government would be substituted for Norita and Babauta as defendant in the lawsuit.
But this is not the case, the AG’s office stated in its latest filing. “The Commonwealth [now notifies] the court that it shall not substitute” for Norita and Babauta, it added.
Represented by attorney Joseph Horey, Double A sued Norita and Babauta on March 27, 2019 for deprivation of property without due process, and deprivation of liberty without due process. Double A also demanded a jury trial.
Represented by the AG’s office, Norita and Babauta denied the allegations of Double A and asked the federal court to dismiss the lawsuit, adding that the defendants have “qualified immunity.”
But Chief Judge Ramona V. Manglona denied the defendants’ motion for summary judgment, saying that Norita and Babauta deprived Double A of its right to do business when they disallowed the permit application of the company.
According to the lawsuit, in Oct. 2017, Double A was hired to install a fire sprinkler system in a complex of buildings operated by Proper Grand for the price of $410,150.
