Judge dismisses Fargo’s 3rd lawsuit


The federal court has dismissed another lawsuit filed by a Russian national, who, this time, is suing his landlord for allegedly trying to evict him from an apartment unit.

U.S. District Court for the NMI Chief Judge Ramona V. Manglona, however, allowed Milan Frank Fargo to file his complaint in the Superior Court.

In dismissing the case, Manglona said that Fargo’s claims arise under Commonwealth contract and tenant law, not federal law, and that he has not said anything how the District Court has jurisdiction over the case.

Manglona said Fargo has not alleged diversity of citizenship between himself and defendant, Life Care Center International Inc.

“Even if he had done so, the amount in controversy is far below the $75,000 threshold for diversity jurisdiction,” Manglona said.

Manglona directed the clerk to close the case.

Fargo, filed pro se (without a lawyer) a draft emergency complaint against his landlord, Life Care Center International, for alleged violations of Commonwealth Public Law 10-67 related to eviction proceedings.

Fargo also raises potential contract law claims.

In dismissing the case, Manglona noted that the documents filed indicate the amount in controversy is about $6,050.

Manglona said federal courts have jurisdiction over civil actions involving parties who are citizens of different states and amounts in controversy in excess of $75,000, known as diversity jurisdiction.

Fargo was also suing the U.S. Department of Homeland Security for allegedly hiding documents related to his humanitarian parole.

Manglona had already issued a judgment in Fargo’s lawsuit favorable to DHS. Fargo then appealed the judgment to the U.S. Court of Appeals for the Ninth Circuit.

Fargo also sued the Federal Emergency Management Agency for allegedly finding him ineligible for some or all of the FEMA funds provided after Typhoon Soudelor struck Saipan in 2015.

Last July, Manglona dismissed all claims except one in Fargo’s lawsuit against FEMA.

Manglona found that Fargo has stated a claim on which relief may be granted, but only as to FEMA’s determination that he was ineligible for disaster assistance after Typhoon Soudelor.

Manglona said Fargo’s all other claims—for failing to respond to requests for medical assistance, for using the Aging Center as a shelter, for problems with email, and for any assistance relating to Super Typhoon Yutu—are dismissed with prejudice.

The judge ruled that the court does not have jurisdiction to hear such claims.

Dismissal with prejudice means Fargo may not renew such claims in any amended pleadings.

According to court records, the 66-year-old Fargo’s original name was Nassir Nazarovich Kourbanov.

Ferdie De La Torre | Reporter
Ferdie Ponce de la Torre is a senior reporter of Saipan Tribune. He has a bachelor’s degree in journalism and has covered all news beats in the CNMI. He is a recipient of the CNMI Supreme Court Justice Award. Contact him at ferdie_delatorre@Saipantribune.com

Related Posts

Disclaimer: Comments are moderated. They will not appear immediately or even on the same day. Comments should be related to the topic. Off-topic comments would be deleted. Profanities are not allowed. Comments that are potentially libelous, inflammatory, or slanderous would be deleted.