Lujan sanctioned anew for his behavior in deposition

The federal court has again sanctioned Guam lawyer David J. Lujan, this time for his behavior as he was being deposed by the lawyers of Junior Larry Hillbroom.

Deposition is the taking of testimony of a witness outside of court.

In a hearing last Friday, U.S. District Court for the NMI Magistrate Judge Heather L. Kennedy ruled that sanctions against Lujan are appropriate but, according to the minutes of the hearing, Kennedy questioned the amount that Hillbroom wants Lujan to pay.

Hillbroom was directed to submit more details and justification for the costs.

Kennedy compelled Lujan to resume his deposition for two days, directing him to refrain from any obstructing or unethical behavior.

She said she will not award costs and fees associated with the last deposition and all costs and fees associated with the continued deposition on Saipan in July.

Conversely, Kennedy denied Lujan’s motion to sanction Hillbroom’s lawyers, Mark B. Hanson and Nelson J. Werner.

However, she granted Lujan’s request that only one attorney question him during his deposition. Hillbroom’s attorneys may consult with each other as needed.

Hillbroom and Lujan agreed that Lujan’s deposition will be at the U.S. District Court for the NMI on July 29 and July 30.

Kennedy granted Hillbroom’s motion for the costs and attorney’s fees incurred in bringing the motion to compel.

Hillbroom’s counsel was ordered to submit the costs and attorney’s fees to Lujan. Lujan may file a motion with the court if he objects to the costs and fees.

At the hearing, Hillbroom’s counsels—Rachel Dimitruk, Nelson Werner, and Mark B. Hanson—appeared via telephone. Lujan appeared via video teleconference. Lujan’s co-defendant in the case, lawyer Barry J. Israel, and his counsel, Theodore R. Frank, appeared via telephone. Former Hillbroom trustee Keith Waibel also appeared via telephone.

Lujan allegedly displayed obstructive conduct and walked out during the deposition in Guam. Hillbroom had asked the court to sanction Lujan.

In reply to Hillbroom’s motion, Lujan also asked the court to sanction Hanson and Werner for allegedly “double-teaming” him and Barry J. Israel during their depositions.

In the first sanction against Lujan, U.S. District Court for the NMI Chief Judge Ramona V. Manglona found that he violated Model Rules of Professional Conduct when he engaged in telephone conversations with Hillbroom and taped those conversations. Lujan was made to pay $11,750.

Manglona prohibited Lujan from having any contact with Hillbroom without the written consent of Hillbroom’s lawyer.

Hillbroom is suing Lujan and Israel for allegedly conspiring with Waibel, a former trustee, to inflate their contingency fee when the fortune of the late DHL co-founder Larry Hillblom was still undergoing probate proceedings in the Superior Court.

Lujan and Israel, who are former lawyers of Hillbroom, denied the allegations.

Hillbroom is one of the four DNA-proven children of Hillblom. His name is spelled differently from that of Hillblom.

Hillblom died in a seaplane crash off Anatahan waters on May 21, 1995. Although his body was never recovered, the court declared him dead.