CHIEF Judge Ramona V. Manglona of the District Court for the NMI has ordered Division of Customs and Bio-Security Director Jose C. Mafnas to file an amended complaint against former Finance Secretary David DLG Atalig and former Chief of Staff William Castro or the lawsuit will be dismissed.
Judge Manglona previously dismissed Mafnas’ complaint without prejudice and ordered him to file an amended complaint.
Without prejudice means the lawsuit can be refiled.
The judge noted that the deadline to file the first amended complaint was April 10, 2023.
“Over fifty days have lapsed since the deadline, yet Mafnas has failed to file his first amended complaint,” she said in an order to show cause on June 14.
Based on his failure to continue litigating the matter, Judge Manglona said Mafnas should explain to the court why his lawsuit should not be dismissed for failure to prosecute.
She directed the plaintiff to file his response by June 28, 2023.
Judge Manglona scheduled a show cause hearing for July 5, at 10 a.m.
Last year, Mafnas filed a complaint in federal court and named as defendants William M. Castro, in his personal capacity and in his official capacity as the then-governor’s chief of staff; David DLG Atalig, in his personal capacity and in his official capacity as then-secretary of Finance; and the CNMI government.
Mafnas asked the court, among other things, to prevent Atalig from removing Mafnas from his position as Customs director “or to otherwise reinstate [him] pending a decision on the merits” of his complaint.
Mafnas also sought 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 and preliminary injunction against the defendants.
He was represented by attorney Charity Hodson.
On Aug. 15, 2022, Judge Manglona issued a preliminary injunction in favor of Mafnas “to preserve the status quo based on the parties’ stipulation.”
In his lawsuit, Mafnas, a civil service employee, said he was transferred to a non-existent position in the Department of Commerce because he was supporting the independent gubernatorial candidacy of then-Lt. Gov. Arnold I. Palacios.
Palacios won the election.
Jose Mafnas
