BECAUSE one of the attorneys of the defendant is her nephew, Chief Judge Ramona V. Manglona of the District Court for the NMI has recused herself from hearing the complaint filed by Jahid Hossen against his former employer, Island Protective Service, and its principal, MD Nurul Islam Bhuiyan. The plaintiff is alleging violations of the Fair and Labor Standards Act.
In her order of self-recusal, Judge Manglona stated:
“In accordance with 28 U.S.C § 636(c) and Federal Rule of Civil Procedure 73, a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action, including motions to dismiss, motions for summary judgment, a jury or non-jury trial, and entry of a final judgment.
“The judgment may then be appealed directly to the United States Court of Appeals like any other judgment of this court. A Magistrate Judge may exercise case dispositive authority only if all parties voluntarily consent. Parties may, without adverse substantive consequences, withhold their consent, but this will prevent the court’s case dispositive jurisdiction from being exercised by a Magistrate Judge and the case will be referred to a District Court Judge from another District.”
Judge Manglona directed the parties to file a stipulation of no consent or with consent no later than Aug. 25, 2021.
In his lawsuit, Hossen accused Island Protective Service, or IPS, of breach of contract and of not paying him minimum wage, regular wage and overtime in violation of the Fair and Labor Standards Act.
He is represented by attorney Cong Nie who has asked the federal court for an order awarding damage in an amount to be proven at trial.
In addition, the plaintiff is seeking an award for the costs of suit (including reasonable attorney’s fees, if any), and other and equitable relief as the court deems just and proper.
IPS, for its part, is represented by attorneys Robert Torres and Oliver Manglona, the judge’s nephew.
Ramona V. Manglona
