In her order, Guam District Judge Frances M. Tydingco-Gatewood said the plan is limited to evidence necessary to prepare for the hearing.
“The discovery it contemplates should be accordingly limited,” Tydingco-Gatewood said.
The U.S. Court of Appeals for the Ninth Circuit earlier remanded the case and told plaintiff Homayan Kabir he will have the opportunity to challenge the attorney general’s certification through an evidentiary hearing to determine if the CNMI government should be substituted as the defendant in the case.
A former security guard at Dandan Elementary School, Kabir filed a claim against Jonas Barcinas, then-principal of Dandan Elementary School, regarding alleged violations of federal and CNMI law.
Kabir, through lawyer Joseph Horrey deemed such hearing as necessary, along with some “pre-discovery hearing.”
The court said the plan should be filed on or before Jan. 24, 2011.
The court said it will approve the plan, if appropriate, and will set the matter for a hearing.
“While the court will make every effort to set the hearing on the date that the parties propose in the plan, it cannot guarantee that it will do so,” Tydingco-Gatewood said.
