IPI sanctioned for civil contempt

Manglona

U.S. District Court for the NMI Chief Judge Ramona V. Manglona found Imperial Pacific International (CNMI) LLC in civil contempt yesterday for violating the court’s two orders regarding discovery in connection with a lawsuit filed against IPI and two others by seven former workers.

At the hearing via video conference, Manglona granted the former workers’ motion to sanction IPI and ordered it to submit a list of data by certain deadlines. According to the minutes of the hearing, Manglona told the parties that if IPI fails to comply with the deadlines ordered yesterday, a monetary sanction of $2,000 a day will be imposed until IPI complies. The judge ordered IPI to file a certification of compliance to avoid sanctions.

She told the lawyers that if more time is needed, IPI is to meet and confer with plaintiffs before seeking relief from the court. Manglona granted plaintiffs’ attorney’s fees and costs for the motion for sanctions.

The plaintiffs were ordered to submit evidence of hours used. Manglona will issue a separate decision and order on the motion for attorney’s fees and costs.

The judge granted plaintiffs’ counsel Aaron Halegua’s oral request for an extension of time to file an amended complaint and include new parties in the lawsuit. Counsel for IPI and co-defendants did not object to Halegua’s request. The court gave plaintiffs until May 23 to file an amended complaint.

All parties appeared at the hearing via video conference.

Halegua and Bruce Berline appeared for the seven plaintiffs. Attorneys Sean Frink and Catherine Cachero represented IPI. Tiberius Mocanu and Robert T. Torres appeared as counsel, respectively, for defendants Gold Mantis Construction Decoration (CNMI) LLC and MCC International Saipan Ltd. Co.

At the hearing, Halegua provided an update on the status of discovery exchange and argued in support of their motion for sanctions.

Frink and Cachero provided an update on the status of discovery exchange. Frink argued in response to Halegua’s argument.

The plaintiffs, who are now based in China, are suing IPI and its contractors, MCC International and Gold Mantis Construction, over the alleged injuries they suffered during accidents at the worksite of IPI’s casino/resort project in Garapan.

The plaintiffs have requested the court to sanction against IPI for allegedly violating the court’s two orders.

The plaintiffs, through Halegua and Berline, said IPI has violated the court’s initial order to produce all discovery materials by Jan. 13, 2020. Halegua and Berline said IPI now also violated the court’s stipulation requiring it to produce all discovery materials by Feb. 24, 2020.

In IPI’s opposition to the motion for sanctions, IPI counsel Kelley Marie Butcher said she and IPI identified and contracted with Litigation Edge to assist them with complying with IPI’s e-discovery obligations for this case. Butcher pointed out that while IPI has missed some discovery deadlines, its doing so was not due to willfulness, bad faith, or the fault of IPI.

Last Dec. 12, Manglona granted the plaintiffs’ counter-motion to compel IPI to respond to their discovery requests. Manglona ordered IPI to respond to all discovery requests.

The judge also granted the workers’ motion to sanction IPI and ordered the company to pay attorneys’ fees to the plaintiffs/workers for bringing the motion to compel.

The plaintiffs have requested the court to award them $31,801 in attorneys’ fees and $156 in costs in connection with their motion to compel. The issue of fees and costs is still pending in court.

The plaintiffs—Tianming Wang, Dong Han, Yongjun Meng, Liangcai Sun, Youli Wang, Quingchun Xu, and Xiyang Du—are suing IPI, MCC and MCC’s subcontractor, Gold Mantis Construction Decoration (CNMI) LLC.