Based on a motion by plaintiff, the federal court in Washington D.C. has dismissed without prejudice a civil action suit against the former Office of Congressman Faleomavaega Eni, because the matter has been resolved, but court documents provided no other details as to how the case was settled.

The plaintiff, Victor E. Salazar, who was employed at the Congressman’s D.C. office for two years until his employment was terminated in November 2013, filed the lawsuit Oct. 30 last year at the federal court in Washington D.C. just days before the November general election.

On April 24 this year, attorneys for the U.S. House asked the federal court to dismiss the lawsuit, citing among other things, lack of jurisdiction and the fact that the office has ceased to exist.

Attorney for the plaintiff was given until June 17 to respond to the motion to dismiss. However, Salazar’s attorney, Donald A. MacKay filed on June 14, a one-page notice of voluntary dismissal motion requesting the court to dismiss “all causes of action in the complaint as to the sole defendant without prejudice.” (Without prejudice means it can be re-filed.)

“Plaintiff is dismissing this action because plaintiff’s claims have been resolved,” said MacKay, but didn’t elaborate further. MacKay didn’t immediately respond to Samoa News email inquiries and request for comments on how the case was resolved.

Federal electronic court records, show that U.S District Court Judge Reggie B. Walton granted Salazar’s motion on Jun 15, saying that in light of the plaintiff’s notice of voluntary dismissal, the case “is dismissed without prejudice” and also ordered this case “closed.”

Responding to Samoa News email questions, Associate Counsel Joel J. Borovsky — one of the three attorneys of the U.S. Office of House Employment Counsel on court record representing the defendant — could only say that, “We have no comment except to say that Mr. Salazar’s claims against the former Office of Rep. Faleomavaega have been resolved.”

BACKGROUND

The lawsuit heading toward being resolved was first hinted at in a motion filed last month by Salazar’s attorney, who sought an extension of the days to respond to the defendant’s motions for dismissal.

“The parties have re-engaged in substantial settlement discussions and have agreed that a further extension should be granted to allow the parties an opportunity to finalize a settlement,” according to the plaintiff’s motion, which had the consent of the defense. It also says that one of the defendant’s counsel, Mark S. Hayes, “had suggested obtaining a further extension to permit the parties time in which to complete a settlement agreement.”

In the lawsuit, Salazar cites five counts of civil rights violations; one count of violation of prohibition of intimidation or reprisal; and two counts of violating the federal Family and Medical Leave Act (FMLA).

Through these allegations, Salazar also claimed violation of provisions of the Congressional Accountability Act (CAA), which protects the rights of Congressional employees.

In its response last month, the Office of House Employment Council (OHEC) moved for the court to dismiss the complaint with prejudice for lack of subject matter jurisdiction, saying that the Office of Congressman Faleomavaega Eni “has ceased to exist.”