Opposition filed to ASG’s Motion for Dismissal of wrongful termination

Pago Pago, AMERICAN SAMOA — The American Samoa Government (ASG) has retained the Imanaka-Asato Law Firm in Honolulu, Hawaii, to defend against Leauma Ben Alefosio’s third civil suit, filed on August 5, 2024, with the US District Court in Hawaii. Their first move was a Motion for Dismissal, which Alefosio says he will be filing against by the deadline set by the court.

Alefosio’s suit is against the ASG for retaliation discrimination in violation of Title VII of the Civil Rights Act, and against the Hawaii Equal Employment Opportunity Commission (EEOC) his suit contends it failed to investigate, conciliate, misleading Alefosio of his rights, and covering ASG’s wrongful conduct is against the Hawaii EEOC.

In addition, the complaint asserts Fraudulent Misrepresentation, Negligence, and Negligent Infliction of Emotional Distress against the Hawaii EEOC Office.

Lastly, the complaint alleges Conspiracy to Commit Fraud against the American Samoa Government and the Hawaii EEOC Office.

The defendants, the Hawaii EEOC Office, and ASG have been served a copy of the 60-page Civil Complaint and Summons, according to Mr. Alefosio.

He said right now that only the American Samoa Government has responded to the complaint.

Alefosio alleges to Samoa News via email that “in their initial correspondence, the ASG’s attorneys threatened to file sanctions against Alefosio if he didn’t withdraw ASG’s name from the suit.”

However, Alefosio says he is moving forward with his suit, arguing that ASG is just as liable as the Hawaii EEOC Office.

On September 19, 2024, the ASG, through their attorneys Anthony Suetsugu and Christian Naeole, filed a Motion to Dismiss Alefosio’s complaint for lack of venue and personal jurisdiction.

Alefosio stated that he has filed a Motion to Voluntarily Withdraw his two appeals with the 9th Circuit of the Court of Appeals as he feels that reviewing the matter on a piecemeal approach would not do it justice. He contends that his third suit is the foundation of all claims.

The US District Court in Hawaii has granted Alefosio’s Motion for an Extension to File Opposition to ASG’s Motion for Dismissal. His opposition is due by December 19, 2024. ASG's optional reply is due by January 3, 2025.