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‘Injunction cannot be entered in absence of irreparable harm’
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Posted on Aug 16 2019
In opposing Imperial Pacific International (CNMI) LLC’s emergency motion for stay and for an injunction pending appeal, the Commonwealth Casino Commission said that an injunction cannot be granted in the absence of irreparable harm—as decided by the District Court for the NMI over a week ago.
Christopher M. Timmons from the Office of the Attorney General argued that IPI should be denied an injunction pending their appeal based on the first two factors: likelihood of success on the merits and irreparable harm.
“The first two factors the court considers in these circumstances are the most critical. Here, appellant has failed to demonstrate both likelihood of success on the merits and irreparable harm. On these grounds, the motion must be denied,” Timmons said.
Timmons further argued that IPI failed to provide the Court of Appeals for the Ninth Circuit with enough portions of the record so it could make a meaningful review of the District Court for the NMI’s decision.
“Appellant’s incomplete filing could thus be dismissed out of hand,” he said.
Citing procedural deficiencies, Timmons said that IPI’s arguments are meritless.
Timmons added that IPI has not cited any case which conflicts with the District Court for the NMI’s decision to deny the original request for preliminary injunction or would mandate reversal.
“To justify a stay pending appeal of a lower court’s decision, ‘the applicant must meet a heavy burden of showing…that the judgement of the lower court was erroneous on the merits. IPI has not done anything of the kind here,” Timmons said.
According to Saipan Tribune archives, the U.S. Court of Appeals for the Ninth Circuit has temporarily prohibited the CCC from disclosing IPI’s confidential income tax information that is subject of a legal dispute.
