DOUBLE A Corporation, through attorney Joseph Horey, is seeking the federal court’s permission to file a motion to enforce the settlement agreement with fire inspector Anthony Babauta under seal.
Horey said the motion includes, as an exhibit, Double A’s settlement agreement with Babauta, “and references the terms of the agreement throughout.”
Horey said the parties have agreed that “[i]f either party brings a motion before the Court to enforce [its] provisions . . ., the party bringing the motion shall file the settlement agreement under seal.”
In February 2021, Chief Judge Ramona V. Manglona of the District Court for the NMI issued an order of dismissal with prejudice after the parties reached an agreement settling their dispute.
The parties agreed that the settlement shall remain confidential.
Double A Corporation, a company that specializes in fire sprinkler and suppression systems, sued Babauta and ex-fire Chief Clyde Norita for not issuing a permit for a $410,150 sprinkler system that the plaintiff was hired to install at an establishment.
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.
In a previous ruling, Judge Manglona noted that the Department of Fire and Emergency Medical Services’ permitting process was “a textbook example of how not to run a bureaucracy.”
The court also held that what happened was a violation of Double A’s due process rights.
In its lawsuit, Double A asked the court to award the company damages, including lost income and incidental and consequential damages.
