Plaintiffs to bring class action suit to 9th Circuit

The anonymous plaintiffs in the class action suit involving Saipan’s garment companies will elevate their case to the Ninth Circuit Court to appeal federal Judge Alex Munson’s dismissal of their complaint, according to their lawyers.

On behalf of the 23 plaintiffs, lawyer Timothy Skinner yesterday filed a motion at the US District Court on Saipan asking that the 45-day stay of its dismissal order be extended until the plaintiffs get a ruling from the appellate court.

In dismissing the labor complaint Monday, Munson ruled that the plaintiffs, identified only as “Does”, should identify themselves to enable the defendants garment companies to defend themselves against their allegations.

The case was dismissed “without prejudice”, which means that the plaintiffs are given allowance to re-file their complaint with substituted names of real parties. The plaintiffs were given 45 days to re-file the case.

Skinner told the court that his office is now in process of filing the notice of appeal to the Ninth Circuit Court.

“A stay is appropriate because plaintiffs’ appeal raises serious and difficult question of law in an area where the law is somewhat unclear, and plaintiffs will suffer irreparable harm absent a stay,” Skinner’s motion stated.

It added, “While numerous courts have permitted anonymous pleadings in a variety of factual and legal settings, its applications is made complex as there were no specific guidelines for anonymous pleadings in federal rules.”

Munson ruled that the lawsuit filed by the 23 nonresident workers was not the kind of “unusual” case that warranted anonymous proceedings.

Munson said “the fears and many vague administration recited in plaintiffs’ declarations do not amount to a real danger of physical harm” and that they were “based on speculations, hearsay and innuendo.”

The lawsuit alleged violations of labor and wage laws, breach of contracts, and noncompliance with the Building Safety Code.

Skinner said the effect of Munson’s ruling “is to force the Doe plaintiffs to disclose their identities to the very identities they have a serious fear of retaliation.”

“While the issue remains pending on appeal, plaintiffs seek to avoid being forced to make the potentially irrevocable choice between dismissal of their cause subjecting themselves to the dangers,” Skinner said.

The lawsuit filed in the federal district court of Saipan was one of three class action suits, amounting to $1 billion, filed by the San Diego-based law firm Milberg-Weiss against garment manufactures on Saipan and their buyers, including Liz Clairborne, Gap, Ralph Lauren and Tom Hillfigger. The two other lawsuits were filed in San Francisco and Los Angeles.

The class action has generated political attention in Washington, and drawn the attention of the national media.

Critics of the CNMI refer to Saipan’s textile industry as “sweatshop,” but garment manufacturers maintain they have been undertaking reforms. (MCM)