Ex-IPI employee seeks sanctions

A former Imperial Pacific International (CNMI) LLC employee who is suing the casino investor for wrongful termination and retaliation under the Americans with Disabilities Act is seeking sanctions against IPI for its failure to comply with requests for discovery.

Xiao Rongkun, a construction engineer with a disability who was formerly employed by IPI, has filed a motion requesting the U.S. District Court for the NMI to compel and sanction his former employer for its failure to respond to discovery requests.

Xiao, through his lawyer, Colin M. Thompson, has asked the court to impose sanctions on IPI in the form of payment for attorneys’ fees and costs, and entering a default judgment in the plaintiffs’ favor.

“On Aug. 4, 2022, IPI was served plaintiff’s first request for production of documents, and plaintiff’s first set of interrogatories—collectively referred to as discovery requests. However, because IPI failed to meet the Federal Rules of Civil Procedures deadlines, they should be ordered to show cause why sanctions should not be imposed. IPI should be ordered to pay attorneys’ fees and costs and the court should impose other sanctions, including striking IPI’s answer and entering default,” Thompson stated.

According to court documents, Thompson served discovery requests to IPI’s counsel at the time, Joey P. San Nicolas, last Aug. 4.

“IPI was required to serve its responses or objections to the discovery requests within 30 days, i.e., before or on Sept. 5, 2022,” Thompson said.

However, prior to the request for discovery, on June 15, San Nicolas filed a motion to withdraw as counsel for IPI. The request was not granted by the court until Aug. 4.

Despite this, IPI was still required to serve its responses to the discovery requests on or before Sept. 5, Thompson argues.

“IPI failed to serve or provide its responses to plaintiff’s discovery requests on or before Sept. 5, 2022,” he said.

On Sept. 30, Thompson served IPI a letter to discuss IPI’s failure to provide responses to discovery requests.

Pursuant to this letter, IPI was supposed to meet and confer with Thompson on Oct. 12, at 11am with IPI’s registered agent, Howyo Chi, confirming receipt of the letter. However, Chi failed to meet and confer despite the agreed upon time and place.

According to Saipan Tribune archives, Xiao, a construction engineer with a disability, sued the casino investor, alleging wrongful termination and retaliation under the Americans with Disabilities Act.

Xiao, as relief, is seeking full back pay, benefits, and reinstatement to a position he would have obtained in the absence of discrimination or, in the alternative, front pay.

In addition, Xiao wants the court to award him an undetermined amount of damages and future economic and non-economic losses as well as attorney’s fees and costs.