Dismissal of flight instructor’s suit vs CPA pushed

U.S. District Court for the NMI Magistrate Judge Heather L. Kennedy recommends the dismissal of the $1-million lawsuit filed by flight instructor Hiroaki Nishio against the Commonwealth Ports Authority for allegedly requiring him to post a $10-million general liability insurance in 2011.

Kennedy said that none of the deficiencies in Nishio’s complaint are curable.

Kennedy said diversity jurisdiction over CPA is impossible, and that the court has no power to give relief to Nishio for Airport and Airways Improvement Act violations.

Kennedy said allowing Nishio to amend his complaint would be futile.

She recommends that the court’s clerk be instructed to close the case and enter judgment accordingly.

Nishio filed the lawsuit pro se or without a lawyer. He is suing CPA for negligence. He asked the court to hold CPA liable to pay him $1 million in compensatory damages plus court costs.