Fund counsel asks federal court to order Jorgensen associate with local counsel

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Posted on Feb 06 2012
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By Ferdie de la Torre
Reporter

The NMI Retirement Fund has requested the district court to order attorney Bruce Jorgensen, who sued the Fund on behalf of two unnamed retirees, to associate with local counsel as he is providing with so many addresses apparently due to his “peripatetic” lifestyle.

The Fund, through counsel Braddock Huesman, said as an alternative, it should be allowed service on Jorgensen through the district court’s clerk’s office as provided for in the Federal Rules of Civil Procedures.

Huesman pointed out that the Local Rules require admitted attorneys to maintain a local office, and if not, they must associate with local counsel.

Huesman said Jorgensen is an admitted attorney but does not have a local office and has not associated with local counsel.

Jorgensen has avoided service in this matter while insisting on privacy in his business address, the lawyer said.

Huesman said according to the docket in this case, Jorgensen’s business address is 53 Baltimore Ave., Rehoboth, Delaware.

In the case at bar, Huesman said, Jorgensen used two different addresses on his pleadings-the Delaware address and the 335 Hyacinth Way, San Rafael, California.

“Neither of the addresses is in the CNMI, and service is impossible at both,” the lawyer said.

In a different case before the district court, Huesman said Jorgensen has used a third address: 405 Silverhill Rd., Walterboro, South Carolina.

Huesman said this South Carolina address appears to be nothing more than the home address of one of the individuals who Jorgensen improperly attempted to substitute as plaintiff in this matter.

Huesman said Jorgensen used a Canada address in private email to the district court’s chambers and to the former secretary of Judge Alex Munson.

Additionally, the Fund counsel said, Jorgensen does not always respond to email.

Huesman said Jorgensen’s claims that his “peripatetic” lifestyle precludes publicly providing the district court, and the public this court serves, with an actual business address.

“Mr. Jorgensen’s desire to live a ‘peripatetic’ lifestyle is irrelevant to his duty to this court and the public it serves,” Huesman said.

The Fund counsel said Jorgensen whether he admits it or not, is attempting to run a business venture in the CNMI.

“He is maintaining a lawsuit for commercial gain,” Huesman said.

The lawyer pointed out that Jorgensen’s avoidance of mail and efforts to conceal his actual address in this case appears to be similar to a divorce and child custody case he has been involved with in Palau.

“While the other case is not relevant to this case substantively, it appears to show a pattern of Mr. Jorgensen making himself unavoidable for service. This is unacceptable behavior for any office of this Court,” Huesman said.

Jorgensen on behalf of two unnamed retirees filed the lawsuit against Gov. Benigno R. Fitial and the Fund over alleged non-payment of their retirement benefits.

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