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IN FOREIGN WORKERS SUIT VS TINIAN DYNASTY OVER CW-1:
Magistrate judge to hold settlement conference
Heather Kennedy
U.S. District Court for the NMI Magistrate Judge Heather Kennedy will hold a settlement conference tomorrow, Wednesday, in connection with a lawsuit filed by over 500 current and former foreign workers against the owners of Tinian Dynasty Hotel & Casino over the denial of their CNMI-only Transitional Worker (CW-1) petitions.
In an order issued on Friday, Kennedy said each party shall attend the conference at 8:30am with an authorized representative possessing settlement authority and counsel.
Kennedy gave each party until noon today, Tuesday, to exchange settlement statements.
The magistrate judge ordered the parties to submit these statements in camera, along with any additional information that may assist the judge during settlement discussions by emailing them to her by 12pm today, Tuesday.
Kennedy said statements should include a brief outline of the facts of the case, undisputed issues and major issues on dispute, remedy sought such as damages, previous demand(s) and counteroffer(s), and any other information which may encourage settlement of this case.
In their lawsuit, Eric F. Dona and co-plaintiffs, through counsel Samuel Mok, alleged that the owners and management of Tinian Dynasty lied to them about their immigration legal status.
The plaintiffs alleged that the owners and management of Tinian Dynasty lied that they were legally authorized to work notwithstanding the denial of their CW-1 petitions.
The plaintiffs’ amended complaint adds a claim of constructive fraud against HKE and HKE majority shareholder, Mega Stars Overseas Limited.
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 the workers damages, court costs, and attorney’s fees.
