U.S. District Court for the NMI Chief Judge Alex Munson told Villagomez to file within 10 business days a first amended complaint consistent with the court’s previous order.
The Fund was sued by Villagomez after he claimed that it refused to pay his retirement benefits.
On Aug. 11, 2009, Munson dismissed the action without prejudice, citing Villagomez’s failure to exhaust administrative remedies.
The “plaintiff now seeks an amendment of that judgment because he argues that the court mistakenly dismissed his…claims because exhaustion is not required for…claims,” Munson said yesterday.
“The court erred in dismissing the first two causes of action for failure to exhaust and the previous order is hereby amended to reflect the error,” he added.
“The court notes that the doctrine of administrative exhaustion does not apply to the remaining common law claims and they each remain dismissed without prejudice pursuant to the court’s previous order,” he said.
