CHIEF Judge Ramona V. Manglona of the District Court for the NMI granted the parties’ stipulation to issue a preliminary injunction in the lawsuit of Customs Director Jose C. Mafnas against David DLG Atalig in his personal capacity and in his official capacity as secretary of Finance, William M. Castro, in his personal capacity and in his official capacity as the governor’s chief of staff, and the CNMI government.
“A preliminary injunction is necessary to preserve the status quo based on the parties’ stipulation,” the judge said in her order.
The court also issued the following orders:
– Secretary of Finance David DLG Atalig shall be restrained from effecting his July 21, 2022 memorandum to reassign Mafnas to a new position in the Department of Commerce.
– Atalig shall maintain the status quo as it was before the pending controversy, with Mafnas employed as director of Customs and Biosecurity under the Department of Finance until such time that the case is resolved on the merits or the case has otherwise concluded due to entry of judgment or settlement.
– Defendants shall not interfere with or take any adverse action against Mafnas’ employment as the director of Customs and Biosecurity under the Department of Finance without legal basis until such time that the case is resolved on the merits or the case has otherwise concluded due to entry of judgment or settlement.
– Mafnas’ posting of the $500 security for the temporary restraining order shall be sufficient security for the issuance of a preliminary injunction.
The court said the defendants “shall file their responsive pleadings, if any, to the Verified Complaint or before September 1, 2022.”
Represented by attorney Charity Hodson, Mafnas has asked the federal court to, among other things, prevent Atalig from removing him from his position as Customs director “or to otherwise reinstate [him] pending a decision on the merits” of his complaint.
A civil service employee, Mafnas is also seeking reasonable attorney’s fees and costs, compensatory damages, punitive damages, damages in an amount to be determined according to proof, and for such other relief as the court believes justice requires.
Mafnas also requested the court to issue a temporary restraining order which the judge granted on Aug. 2 and will expire today, Aug. 16 at 8:30 a.m.
After the hearing on Monday, Hodson said: “This was the next hurdle and Mr. Mafnas is thankful to have cleared it. The parties have stipulated to and the court has issued a stipulated preliminary injunction order, which is intended to restrict the defendants from interfering with or adversely affecting Mr. Mafnas’ employment as the director of Customs and Biosecurity while the lawsuit is pending.”
Atalig and Castro, in their official capacities, and the CNMI government were represented by Assistant Attorney General Leslie Healer.
Atalig, in his personal capacity, was represented by attorney Matthew Gregory who said: “We are doing our best to resolve this matter. If the current director [Mafnas] was unhappy with the transfer, then we thought the best course was to keep him in the position he was in and we will resolve the other issues, hopefully. But it does not seem worth the fight. We are happy with his services and so there’s no reason to fight about this….”
Castro, in his personal capacity, was represented by attorney Colin Thompson who said, “The judge entered a continuing preliminary injunction based on the agreements of all the parties…that’s all that happened today. Yes, we are working on a resolution that will probably happen in the near future….”
The governor’s chief of staff, William M. Castro, left, exits the federal courthouse with his attorney Colin Thompson.
Jose Mafnas, 2nd right, with family, friends and other supporters after the court hearing on Monday.
Secretary of Finance David DLG Atalig, 2nd right, talks to Vice Speaker BJ Attao, Jose Mafnas’s son-in-law, at the federal courthouse after a hearing Monday. Atalig is with his attorney, Matthew Gregory, right.
Attorney Charity Hodson, who represents Jose Mafnas, meets with reporters on Monday after a hearing in federal court.
