A federal judge took under advisement the Commonwealth Ports Authority’s motion to dismiss former executive director Leo Borja Tudela’s age discrimination lawsuit and said the court will issue a decision shortly.
Designated judge Frances M. Tydingco-Gatewood heard arguments last Oct. 7 in the U.S. District Court for the Northern Mariana Islands from attorneys for Tudela and CPA but did not rule from the bench.
After the hearing, Tudela told Marianas Press that he was satisfied with how his case was presented.
“I believe it went well,” Tudela said. “Fortunately, we have to wait for the judge's decision. She mentioned that probably in a short period of time. Could be a week or more.”
Attorney Michael W. Dotts represents Tudela, while assistant attorney general Rachel Blue appeared for CPA.
CPA is asking the court to dismiss Tudela’s complaint, arguing that the allegations do not sufficiently show that the agency made an employment decision because of his age.
Blue argued that although Tudela alleges several age-related comments or incidents, the complaint does not establish a sufficient connection between those allegations and CPA’s employment decision.
CPA also argued that Tudela was hired when he was 81 years old and remained executive director for more than a year before he was given the option to resign or face termination.
Tudela’s attorney countered that the allegations, which must be accepted as true for purposes of the motion to dismiss, are sufficient for the lawsuit to proceed.
During arguments, Tydingco-Gatewood questioned the attorneys about the circumstances surrounding Tudela’s resignation, the alleged age-related remarks, whether his resignation could amount to a constructive discharge, and the legal basis for his separate Commonwealth claim.
The judge made no findings on the allegations.
Tudela, meanwhile, disputed CPA’s argument regarding his performance.
“There's no performance evaluation whatsoever. Nobody ever talked to me. I asked for evaluation. Nothing was happening,” Tudela told Marianas Press.
He said performance evaluations were important to him during his tenure because they gave employees an opportunity to address any problems with their work.
Tudela also described the Oct. 25, 2024 meeting at the center of the lawsuit as a hostile environment.
“If you were in my situation on October 25th, that meeting was a hostile environment. Treated me with humiliation,” he said.
According to Tudela’s complaint, then-CPA board chair Ramon A. Tebuteb asked Tudela his age during that meeting and told him to resign or face termination.
CPA disputes that Tudela’s age motivated its actions.
The agency also seeks dismissal of Tudela’s second claim alleging constructive discharge in violation of public policy.
CPA argued that the federal Age Discrimination in Employment Act already provides the legal framework for Tudela’s age discrimination claim and that a separate public-policy claim based on the same conduct cannot stand.
Dotts argued that the Commonwealth claim raises a separate legal issue and that Tudela has alleged sufficient facts for the case to proceed.
The lawyers also addressed the damages Tudela is seeking.
Dotts acknowledged during questioning by the court that emotional distress and punitive damages are not available under Tudela’s federal age discrimination claim. He maintained, however, that his separate Commonwealth claim raises different issues regarding damages.
Tudela filed the federal lawsuit against CPA on March 30, 2026, alleging age discrimination under the Age Discrimination in Employment Act and constructive discharge in violation of public policy.
His complaint alleges that concerns about his age surfaced even before CPA hired him as executive director in November 2023, when a member of the selection committee allegedly remarked that he was too old for the position.
Tudela also alleges that Tebuteb later told another board member that Tudela was too old.
The lawsuit centers largely on the Oct. 25, 2024 meeting in which Tudela alleges Tebuteb asked his age and told him to submit a 30-day resignation notice or face termination.
Tudela later submitted his resignation, which became effective Dec. 20, 2024.
CPA denies that age motivated its actions and is asking the federal court to dismiss the lawsuit.
Tydingco-Gatewood said the court will issue its decision shortly.
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