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OAG moves to quash Quichocho’s subpoena for Larson
The Office of the Attorney General has moved to quash a subpoena issued by attorney Ramon K. Quichocho to Finance Secretary Larrisa Larson in connection with his taxpayer’s lawsuit that questioned the constitutionality of the 2-month-old casino law.
Assistant attorney general David Lochabay, as counsel for Larson, said the subpoena commanded Larson to appear and testify at a hearing or trial in Quichocho’s case supposedly last Tuesday.
The hearing on Quichocho’s preliminary injunction/temporary restraining order will be held today, Friday.
In a motion to quash filed Monday, Lochabay said the subpoena indicates on its face that it was received by the Office of the Secretary of Finance on May 23, 2014, at 1pm. Larson was personally served at that time.
According to Larson, however, May 24, 25, and 26, 2014, were non-work days and she was not in the office on those days, Lochabay said.
Larson, therefore, had at best only a few hours to find and review any documents she might have that are responsive to the subpoena and are not privileged or protected Lochabay said.
He said that determining whether the requested documents are not privileged or protected would require Larson to consult a lawyer.
Lochabay asked the court to quash the subpoena or at least modify it to allow Larson enough time to comply with it.
Quichocho filed the lawsuit for himself and on behalf of CNMI taxpayers. He is suing Gov. Eloy S. Inos, the Lottery Commission, and the government for alleged violation of the NMI Constitution, illegal expenditure of public funds, breach of fiduciary duty, and breach of trust.
Quichocho asked the court to issue a judgment declaring the casino law and any expenditure of public funds under that law as unconstitutional and unlawful.
He asked the court to issue a temporary restraining order and preliminary injunction preventing Inos and co-defendants from performing any rights or obligations under the Casino law pending the resolution of the lawsuit.
He also asked the court to issue a permanent injunction restraining the defendants from performing any rights or obligations under the casino law.
Quichocho is demanding payment of unspecified damages, attorney’s fees, and costs.
