Guam District Judge Frances M. Tydingco-Gatewood ruled that Reynaldo L. Garcia failed to explain in the supplemental response order why service of process should be deemed effected in his lawsuit against Poong-In Saipan, Inc.
“As such, the court cannot deem service of process effected,” Tydingco-Gatewood stated in her one-page written order.
Dismissed without prejudice means the plaintiff can re-file the case.
The federal court earlier directed both parties to show cause why Garcia’s lawsuit against Poong-In should be dismissed for lack of prosecution.
A visiting judge noted last May that the case had been pending for more than six months without any action taken by the parties.
Through attorney Stephen Woodruff, Garcia filed a complaint against Poong-In in federal court on March 19, 2008.
In 2008, then-Chief Judge Alex R. Munson granted Garcia’s request for additional time to serve the complaint to the defendant.
A maintenance mechanic hired sometime in 2004, Garcia said his contract was not renewed when it expired on July 9, 2006.
Describing himself as “a well-rounded employee,” Garcia said there was no reason stated when he was served the notice of termination. He alleged that the defendant favored hiring Chinese nationals.
