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US moves for dismissal of lawsuit against Northpac

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ASSISTANT U.S. Attorney Jessica F. Wessling has asked the federal court to dismiss with prejudice the lawsuit against Northpac Corporation.

The terms of the stipulation for compromise settlement agreement and release of claims have been satisfied, and thus, dismissal of the case is appropriate Wessling added.

A contractor, Northpac was sued by the U.S. government over Occupational Health and Safety Act penalties in the amount of $39,489.

According to the settlement agreement, Northpac agrees to pay a total sum of $36,432.33 within 90 days for the OSHA penalties.

In the event Northpac fails to make the full payment, “the full debt of $39,849.19 for Inspection Numbers 930163 and 1172199 and $12,197.00 for Inspection Number 1326649, plus accrued interest and fees, shall immediately become due and payable, and the [U.S.] government may proceed with available administrative and judicial remedies to enforce this agreement, upon notice to Northpac.”

The payment shall be made payable to “U.S. Department of Justice.”

As part of the settlement, Northpac also agreed to provide the U.S. government with a completed certification of corrective action worksheet; a written hazard communications program for hazardous chemicals such as Portland cement; and a safety data sheet for Portland cement within 14 days of the execution of the agreement.

The U.S. government, for its part, agreed to accept the sum as full settlement and satisfaction of the civil claims against Northpac. Upon receipt of full payment, the U.S. government agreed to dismiss the lawsuit with each party bearing its own fees, cost, and expenses.

The settlement agreement, however, does not release Northpac from any criminal liability and criminal or civil administrative claims arising under the Internal Revenue Law provisions.

The District Court for the NMI will retain jurisdiction in enforcing the settlement agreement, which was signed by Northpac general manager Miguel Cruz Jr., Northpac attorney Joaquin DLG Torres, and Assistant U.S. Attorney Jessica F. Wessling,

After an OSHA inspection, Northpac was cited for workplace safety violations at the site project — the Army Reserve Center parking lot partition fence — and was penalized on August 16, 2013.

On Aug. 25, 2016 Northpac was again cited for OSHA violations after a safety inspection at its construction site at Northern Marianas College.

Northpac contested both citations unsuccessfully.

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