Judge strikes complaint filed vs Mobil

U.S. District Court for the NMI Chief Judge Ramona V. Manglona has removed a discrimination complaint filed against Exxon Mobil Corp. and Mobil Oil Mariana Islands Inc.

Manglona also struck on Monday Nicolas Guy Pohl’s notice of voluntary dismissal of his complaint against Exxon Mobil.

The judge dismissed Pohl’s original complaint against Exxon Mobil with prejudice for lack of personal jurisdiction. That means Pohl can no longer re-file the claim against Exxon Mobil.

Manglona vacated the scheduled motion hearing for Oct. 19, 2017.

Since Pohl’s re-filed first amended complaint did not comply with the court’s order, Manglona said the dismissal of Exxon Mobil without prejudice was automatically converted to a dismissal with prejudice on Sept. 8, 2017.

Thus, the judge said, Exxon Mobil was dismissed with prejudice prior to the Sept. 12, 2017, notice of voluntary dismissal.

Manglona said that Pohl’s notice of dismissal therefore has no effect on the court’s prior dismissal of Exxon Mobil with prejudice effective Sept. 8, 2017.

The judge granted the defendants’ motion to strike the notice of dismissal.

In his original complaint, Pohl, through counsel Colin M. Thompson, sued Exxon Mobil, Mobil Oil Mariana Islands Inc., and five John Does, for discrimination based on race and national origin.

Pohl wanted Mobil to pay him back pay with interest plus compensation and damages. He did not specify the amount he is demanding.

Thompson said the defendants discriminated against Pohl by not hiring him for the position of field engineering technician and that Mobil hired a non-Caucasian, non-American for the job.

Exxon then moved to dismiss the complaint.

Ferdie De La Torre | Reporter
Ferdie Ponce de la Torre is a veteran journalist who has covered all news beats in the CNMI. Born in Lilo-an, Cebu City in the Philippines, De la Torre graduated from the University of Santo Tomas with a bachelor’s degree in journalism. He is a recipient of many commendations and awards, including the CNMI Judiciary’s prestigious Justice Award for his over 10 years of reporting on the judiciary’s proceedings and decisions. Contact him at ferdie_delatorre@saipantribune.com

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