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CLASS ACTION SUIT 9th Circuit Court junks plaintiffs’ appeal
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Posted on Aug 24 1999
The Ninth Circuit Court of Appeals has refused to reverse Saipan District Court Judge Alex Munson’s order dismissing the complaint lodged by 23 nonresident workers in a class action lawsuit against Saipan’s garment companies.
In dismissing the appeal filed by the anonymous plaintiffs, the appellate court said it would be “premature” to reverse Munson’s decision because it was “not a final order or judgment.”
“A review of the district court docket reflects that the district court’s order challenged in this appeal did not dispose of the action as to all claims and all parties,” the appellate court’s Aug. 18 order stated.
The court ordered the plaintiffs to move for voluntary dismissal of their appeal.
Munson has dismissed the complaint “without prejudice,” saying the court did not want to try the case through anonymous proceedings.
Munson has said the plaintiffs, identified only as “Does I-XXIII,” failed to convince the court that they had sufficient claims to support anonymous proceedings.
The plaintiffs have maintained their anonymity, citing fears of “reprisal from their employment recruiters” and “fear of prosecution from the Chinese government.”
Munson, however, said the court “finds that the fears and many vague administration recited in plaintiffs’ declarations do not amount to a real danger of physical harm.”
Munson also said it would be fair for the defendants to know the names of the plaintiffs to enable them to defend themselves against the allegations in the complaint.
The order has been stayed until Sept. 8, when the District Court hears other motions filed by both parties.
The stay of the order was also meant to provide opportunity for the plaintiffs to substitute the names of the real parties.
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. (MCM)
