Hunter denies deposition meant to embarrass Torres

Glen Hunter claims the deposition of Lt. Gov. Ralph DLG. Torres was not done in a manner showing bad faith or to embarrass, annoy, or oppress him.

In Hunter’s reply yesterday to Torres’ motion for protective order, Hunter’s counsel Jennifer Dockter also asked the Superior Court to impose sanctions on Torres’ counsel, assistant attorney general David Lochabay, for his behavior at the deposition.

Dockter said Torres’ motion fails to cite case law that discusses the termination of a deposition.

Dockter said Torres’ motion does not cite the deposition transcript despite his earlier representation that the transcript was necessary to prepare his motion.

“Instead, the motion makes broad sweeping, unsupported conclusions without basis in law on in fact,” she pointed out.

The lawyer said it is entirely unclear what the motion Torres is seeking: justification for refusing to answer questions, an order limiting the scope of the deposition moving forward, an order preventing discovery altogether, or an order directing discovery by a method other than the deposition.

Dockter said Lochabay engaged in improper behavior when he made argumentative objections and interjected improper commentary in violation of CNMI Rules of Civil Procedure, and instructed Torres not to answer.

Dockter said such behavior subjects Lochabay to sanctions.

Torres has filed a motion seeking a court order to protect him from suffering embarrassment, annoyance, or the undue burden of an excessive deposition at the hand of Dockter.

Torres, through Lochabay, filed the motion for protective order after he appeared for his deposition in court last Jan. 29.

Lochabay said the transcript of the two-hour deposition makes it clear that Hunter, by counsel Dockter, is on an “impermissible fishing expedition seeking to rummage around in Torres’ affairs in an effort to embarrass, disrupt and annoy.”

Deposition refers to the taking of testimony of a witness outside of court.

A discovery dispute arose in the case after Lochabay advised Torres not to answer some of Dockter’s questions regarding some lawmakers’ Hong Kong trip in 2013 and 2014.

The court will hear Torres’ motion today, Thursday, at 1:30pm.

Hunter is suing the government, Gov. Eloy S. Inos, Torres, House Speaker Joseph Deleon Guerrero (Ind-Saipan), and two other lawmakers for allegedly violating the Open Government Act when they enacted the Saipan Casino Act without following the OGA’s public notice provisions.

Hunter has asked the court to issue a declaratory judgment, explicitly stating that the OGA does, in fact, apply to the Legislature, and that the lawmakers named in the lawsuit are properly before the court for violating their public notice provisions.

Associate Judge David Wiseman dismissed the Lottery Commission as a party in the lawsuit.