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IN REQUEST TO WITHDRAW AS COUNSEL
Frink says Tinian Dynasty owners failed to fulfill obligation
Citing irreconcilable differences, attorney Sean Frink of the Marianas Legal Strategy Group LLC has requested the federal court to allow him and his law firm to withdraw as counsel for the owners of Tinian Dynasty Hotel and Casino in connection with a lawsuit filed by over 500 current and former foreign workers.
Frink, his law firm partner Catherine J. Cachero, and MLSG asked the U.S. District Court for the NMI to issue an order allowing their withdrawal as counsel of record for Hong Kong Entertainment (Overseas) Investments Limited and Mega Stars.
According to Frink, HKE and Mega Stars have failed to substantially fulfill an obligation to MLSG regarding the law firm’s services.
Frink said their irreconcilable differences make it impossible for MLSG to effectively represent HKE and Mega Stars in this lawsuit.
Frink said MLSG has given reasonable warning to HKE and Mega Stars that it will withdraw unless the obligation is fulfilled.
“MLGS has attempted in good faith to resolve these matters, to no avail,” he pointed out.
Last October, due to delayed service of process, U.S. District Court for the NMI Chief Judge Ramona V. Manglona dismissed without prejudice the lawsuit filed by Eric F. Dona and co-plaintiffs against HKE and Mega Stars Overseas Ltd.
Dismissal without prejudice means the workers can re-file the lawsuit. The workers, through counsel Samuel I. Mok, then re-filed the lawsuit.
In their lawsuit, the workers alleged that the owners and management of Tinian Dynasty lied to them about their immigration legal status.
The plaintiffs alleged in their lawsuit that the owners and management of Tinian Dynasty lied that they were legally authorized to work notwithstanding the denial of their CNMI-only Transitional Worker (CW-1) petitions.
Mok asked the court to preliminarily and permanently enjoin the defendants from terminating plaintiffs’ employment or removing their name from an administrative appeal.
The lawyer moved the court to issue a declaration that HKE’s statement that it was legally permissible for the plaintiffs to continue working even though the U.S. Citizenship and Immigration Services had denied their CW-1 petitions was false.
Mok requested the court to hold HKE and Mega Stars liable to pay them damages, court costs, and attorney’s fees.
