Aqua Resort’s 3rd party complaint for indemnification also dismissed
The federal court on Tuesday dismissed with prejudice a discrimination lawsuit filed by Feloteo V. Ranada, who claimed to have worked at Aqua Resort Club Saipan for 25 years and terminated after his hearing aid malfunctioned and he could not fully understand what the hotel’s general manager ordered him to do.
U.S. District Court for the NMI Chief Judge Ramona V. Manglona also dismissed with prejudice the third party complaint filed by Ken Aqua Hotel and Resort Inc. against Nenita Valdez Marquez, owner of NVM Enterprises, in response to Ranada’s lawsuit.
Ken Aqua owns Aqua Resort. NVM Enterprises was the employer of Ranada.
Manglona dismissed the two complaints after the parties filed a stipulation for such dismissal.
Dismissal with prejudice means the cases can no longer be re-opened.
Manglona ordered the court’s clerk to close the case.
Ranada and Aqua Resort, through their respective counsels Jeanne Rayphand and Robert J. O’Connor, filed the stipulation to dismiss the complaint and the third-party complaint.
In his lawsuit, Ranada asked the court to order Aqua Resort to employ him back as a security supervisor and enjoin the hotel from any further prohibited discrimination against him.
Ranada demanded payment for back pay, damages, court costs, and attorney’s fees.
Rayphand said Ranada has worked for Ken Aqua Hotel and Resort that owns Aqua Resort since 1989, initially as security guard and rising to the position of security supervisor in 1991.
Rayphand said during the entire time that Ranada was assigned to and worked for Aqua Resort, he was an employee of various manpower services who were joint-employers with Aqua Resort.
At the time of his termination by Aqua Resort, Ranada was assigned to work at Aqua Resort by N.V.M. Security Services.
In 2005, Ranada began using and has continued to use a hearing aid as a result of hearing loss.
On the morning of Aug. 14, 2014, Ranada’s hearing aid malfunctioned.
That same day, Rayphand said, the hotel’s then general manager attempted to ask Ranada about an incident report, but because of his malfunctioning hearing aid, he was unable to fully understand him.
On Aug. 15, 2014, the manager allegedly terminated plaintiff’s employment at the hotel.
Rayphand said the hotel’s termination of Ranada’s employment is a violation of the law, which prohibits discrimination on the basis of disability.
Ken Aqua, through counsel Claire Kelleher-Smith, denied the allegations, then filed the third-party complaint against Nenita Marquez.
Smith asked the court to indemnify Aqua Resort from any and all losses or liabilities, attorney’s fees, experts’ fees, and any other damages arising from NMV’s actions.
Smith said under the security contract, Aqua Resort pays an hourly rate, covering the number of hours of security service provided by NMV guards.
Smith said under the security contract, NMV agrees to hold Aqua Resort harmless from liability and to obtain worker’s compensation insurance.