U.S. District Court for the NMI Chief Judge Alex R. Munson granted judgment and awarded costs to RJCL Corp., doing business as RNV Construction and its manager Ruel R. Villacrucis.
Munson also ordered the case, which was set for trial and hearing today, to be taken off-calendar.
RNV filed the motion for summary judgment on the complaint filed by Honorio G. Cambronero on Feb. 13, 2009.
The plaintiff submitted a response on Feb. 27 asking for a dismissal of the commonwealth-law claims without prejudice.
The plaintiff failed to oppose the motion.
“When a motion for summary judgment is properly made and supported, an opposing party may not rely on allegations or denials in its own pleading; rather it must set out facts showing a genuine issue for trial,” Munson said.
The federal court ruled that the plaintiff failed to raise a genuine issue of material fact to support his claim that public policy was violated by the non-renewal of his contract.
Munson said it was also an unopposed fact that the plaintiff’s contract was not terminated — it was not just renewed.
The court noted that the defendants are entitled to summary judgment as a matter of law on the claims for medical expenses because their liability to pay the plaintiff for his medical costs ended 96 days after his contract was not renewed, and they had paid all medical expenses up to that date.
According to the court, the plaintiff’s claim for intentional infliction of emotional distress fails because he did not show “outrageous conduct” on the part of the defendants.
Cambronero filed a complaint against the defendants through his counsel Stephen C. Woodruff for unlawful and discriminatory employment practices on Aug. 1, 2008.
The plaintiff filed seven causes of action — violation of the Americans with Disabilities Act, differential treatment on medical benefits, termination based on disability and refusal to provide medical coverage contrary to public policy, breach of contract, breach of implied covenant of good faith and fair dealing, specific performance and intentional infliction of emotional distress.
The plaintiff was employed by the defendants as an electrician in April 2000 until he was discharged on April 24, 2007.
He underwent treatment for chest pains in the Philippines on Oct. 2006.
He said he was not able to have an operation for angina pectoris because it would cost about $10,000 and the defendants did not fulfill their promise to call him and pay the medical costs.
The plaintiff returned to Saipan on Feb. 3, 2007 unhealthy and ailing.
He said the defendants gave him a notice that his employment would not be renewed on March 22, 2007 because of his heart condition.
