In Angello v. Louis Vuitton Saipan, Inc., 2000 MP 17 P 24, the plaintiff filed a claim with the Division of Employment Services ("DES") against her employer Louis Vuitton alleging a claim for preferential treatment as a relative of a U.S. citizen.
DES denied her claim, but the Department of Labor and Immigration ("DOLI") reversed, and ordered DES to conduct further proceedings. Eventually DES issued a notice of violation, and the DOLI scheduled a hearing.
The DOLI officer found in favor of Louis Vuitton. Angello then filed suit in the trial court for defamation and intentional infliction of emotional distress, but not for judicial review of the administrative decision. Angello later amended her complaint to include a claim for such review.
Louis Vuitton filed a motion to dismiss, claiming in relevant part that she was untimely in seeking judicial review of the administrative decision.
The trial court agreed. She then filed a motion for reconsideration, which the court denied, and she subsequently appealed that denial, among other issues, to this Court.
In discussing the denial of the motion for reconsideration the Court stated:
"Angello has not presented any of the grounds upon which reconsideration may be granted. She has not pointed to any intervening change in the controlling law or the availability of new evidence. Likewise, she has failed to demonstrate any clear error or the need to prevent manifest injustice. There is no clear error where the trial court's decision to dismiss Angello's appellate claims was based upon the agreement of the parties that the court lacked subject matter jurisdiction." Id. P 25.
Thus, the Court affirmed the trial court's decision denying the motion for reconsideration.