US court declines to dismiss tourist’s lawsuit against feds

THE District Court for the NMI will not dismiss lawsuit filed by a tourist against U.S. Customs and Border Protection for denying her entry to Saipan on suspicion that she was pregnant.

Yu Min Zhao sued the U.S. government in Oct. 2015 for false arrest and imprisonment, intentional infliction of emotional distress and assault and battery.

Zhao, 33, in her lawsuit stated that she and her husband arrived on Saipan from Beijing to enjoy a much-needed break, but only her husband was admitted by CBP under the CNMI Visa Waiver Program.

She said she was suspected of being pregnant, and was handcuffed, slammed against the wall and placed in isolation for 22 hours.

In July 2016, Chief Judge Ramona V. Manglona dismissed Zhao’s false imprisonment and intentional infliction of emotional distress claims. The remaining claim is assault and battery.

On Friday, Oct. 20, 2017, Judge Manglona declined to dismiss the lawsuit.

“Having carefully considered the written submissions of the party, the court does not find such unreasonable delay in prosecuting the action as would support the harsh penalty of dismissal,” the judge said.

On Oct. 12, 2017, the court issued an order to show cause why the case should not be dismissed for failure to prosecute.

Zhao, through attorney Samuel Mok, argued that dismissal of the case is unwarranted because lack of prosecution does not exist

Mok anticipates that only minimal further discovery would be needed before the case would be ready for trial.

He asked the court to order a scheduling conference to fast-track the case to trial “which would be a less drastic remedy of moving this case along under the circumstances than dismissal with prejudice.”

The show-cause hearing scheduled for Nov.1 was vacated by the judge who said that a case management conference order will be issued separately.

Source: Marianas Variety :

About the author

Relative Posts

Leave a Reply

Leave a Reply

Your email address will not be published.