Jorgensen claims limited Internet access; his lawyer went to Mongolia

Claiming that he has extremely limited Internet access and that his lawyer went to Mongolia, Betty Johnson’s original counsel, Bruce Jorgensen, has asked the federal court for an extension of time to file his declarations in support of his motion for approval of a settlement agreement with the CNMI government for his attorney’s fees and costs.

U.S. District Court for the NMI designated judge Frances Tydingco-Gatewood gave Jorgensen no later than yesterday, June 10, to file and serve one or more declarations containing all direct testimony that supports his motion for approval of the settlement reached with the CNMI government. Jorgensen initially asked for at least $18.6 million, but he settled with the government for $800,000. The court, however, placed the matter under advisement.

Jorgensen told the court Monday that circumstances have made compliance with the deadline seemingly impossible for his counsel, Mitchell F. Thompson, and for himself.

Jorgensen said he received a copy of Tydingco-Gatewood’s May 31, 2014, order three days later due to his extremely limited access to Internet and email services. He said he presently has no office and no access to necessary files and documentary materials.

After receiving the order, he said he immediately sent a copy of the order to Thompson via email, and sought to reach Thompson both via email and several phone calls.

Jorgensen said an email auto-reply indicated that Thompson would be out of office from June 2 to 15, 2014. He later learned that Thompson had gone on a scheduled vacation to Mongolia.

Jorgensen said that Thompson’s assistant explained that while traveling to Mongolia, Thompson has extremely limited Internet access and no access to any office.

This, Jorgensen said, make it very difficult if not impossible for Thompson to assist him in complying with the order prior to the lawyer’s return to Guam on June 16, 2014.

Jorgensen also disclosed that since receiving the order, he sought to obtain and review some hearing transcripts—both of which may be vital to his ability to prepare and comply with the order, and to support his settlement.

He said he has yet to receive a response from the court reporter.

In the same order, Tydingco-Gatewood encouraged Jorgensen and Johnson’s San Rafael, California-based lawyer Timothy Lord, to continue discussions between themselves and the CNMI government regarding their petitions for attorney’s fees and costs.

Tydingco-Gatewood said the discussions should be with the assistance of Hawaii chief bankruptcy judge Robert J. Faris if necessary, so that these pending matters may be resolved expeditiously.

Lord was also given no later than yesterday, June 10, to file and serve a final fee petition. Lord’s initial demand was either $3.6 million or $5.9 million.

The judge placed his petition under advisement.

Johnson’s local counsel, Stephen Woodruff, asked between $1 million to $2.9 million, but he settled with the government for $185,000. Last March 3, Tydingco-Gatewood approved the CNMI government’s settlement with Woodruff.

Tydingco-Gatewood recently disclosed that Johnson’s Hawaii-based counsel, Bronster Hoshibata law firm, has reached a settlement deal with the CNMI government on its petition for attorney’s fees and costs.

Tydingco-Gatewood said she is awaiting the filing of a motion to approve the settlement. She did not mention the amount involved in the settlement.

Bronster Hoshibata’s original demand was $17.5 million to be paid in installments.