THE Office of the Attorney General will represent Department of Fire and Emergency Medical Services Commissioner Dennis Mendiola in his official and personal capacities in the lawsuit filed against him in Superior Court by nine terminated firefighters.
At a status conference held on July 21 in connection with the plaintiffs’ first amended complaint, attorney Joseph Horey appeared for the terminated firefighters, while Assistant Attorneys General Keith Chambers and Abbi Novotny appeared for the CNMI government and the fire chief.
Both parties informed Associate Judge Joseph N. Camacho that it was not necessary to call additional witnesses or take additional testimony in regards to the new issues in the plaintiffs’ amended complaint.
Judge Camacho has ordered the defendants — DFEMS and Mendiola — to file by July 28 their opposition to the plaintiffs’ motion for a preliminary injunction, addressing only the two new claims in the first amended complaint.
The judge likewise scheduled a hearing for Aug. 12, at 10 a.m. in Courtroom 220 at the Guma’ Hustisia, for the plaintiffs’ motion for a preliminary injunction.
According to Horey, the terminations of the plaintiffs violated the due process clause and the equal protection clause of the Commonwealth Constitution.
He further alleged that such terminations violated the parallel clauses set forth in the Fourteenth Amendment to the United States Constitution as applicable to the CNMI via the Covenant.
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 for insubordination following their refusal to take the Covid-19 vaccine as required by the CNMI Governor’s Directive 2021-002.
Dennis Mendiola
