Judge: Jorgensen’s pleading only wasted court’s time

The federal court has determined that attorney Bruce Jorgensen’s pleading in connection with the lawsuit filed by two unnamed retirees against Gov. Benigno R. Fitial and the NMI Retirement Fund only wasted the court’s time.

“It is the finding of this court that the pleading signed by Mr. Jorgensen contains arguments that lack relevance, legal authority or evidentiary support, which in turn has wasted the court’s time,” said U.S. District Court for the NMI designated judge Frances M. Tydingco-Gatewood in an order issued Wednesday shortly after the hearing.

Tydingco-Gatewood gave Jorgensen 48 hours or until yesterday to consider withdrawing his motion and warned him that she will consider imposing fines and other sanctions if he fails to withdraw the motion.

“Moving forward, this court expects all counsels to proceed with civility and respect, both in the courtroom and in their pleadings,” Tydingco-Gatewood said.

Saipan Tribune learned that Jorgensen complied with the order and withdrew the motion yesterday.

In a footnote to her order, Tydingco-Gatewood recognized that Jorgensen and co-counsels Margery Bronster and Robert Hatch failed to comply with the court order issued Monday requiring counsels to appear by videoconference at the hearing on Wednesday.

However, the judge said, she will not issue an order of non-compliance against plaintiffs’ counsels as the court believes that its stern warning and admonition are sufficient to deter the counsels from future non-compliance of court orders.

The defendants, through counsel Braddock Huesman, had asked the court to impose sanctions against Jorgensen.

Huesman claims that based on the plaintiffs’ motion, which was signed by Jorgensen, the lawyer raised allegations about an alleged conflict of interest without a shred of evidence.

Huesman also cited that Jorgensen failed to base his motion on any case law or rule and instead relied on attacks on him (Huesman) and co-counsels.

During Wednesday’s hearing on the motion for sanction, Tydingco-Gatewood appeared via videoconference. Jorgensen, Bronster, and Hatch appeared via telephone. Huesman, counsel for the Fund and its board of trustees, and assistant attorney general Michael Stanker, counsel for Fitial and the CNMI government, appeared in court.

Jorgensen, on behalf of two unnamed retirees, is suing Fitial and the Fund over alleged non-payment of their retirement benefits.

In a separate order on Wednesday, Tydingco-Gatewood granted a motion filed by the Fund, Fitial, and CNMI government, asking the court to compel Jorgensen and co-counsels to associate with local counsel. She gave Jorgensen and co-counsels 10 days to file with the court the name and contact information of the associated local counsel.

“The plaintiffs’ attorneys must show good faith effort and due diligence of its attempt to associate with local counsel,” she said.

Tydingco-Gatewood ordered Jorgensen and his co-counsels to submit evidence that they have attempted to contact at least 25 attorneys licensed to practice in the CNMI and that each of the contacted attorneys had refused association. In the event the plaintiffs’ attorneys still fail to find a local counsel, Tydingco-Gatewood said the court will help them find one.

The defendants, through counsel Huesman, expressed the difficulty in serving the plaintiffs because their attorneys have provided at least two different mailing addresses, one of which refuses service and the other being defunct.

Jorgensen and co-counsels do not reside or maintain a law office in the NMI.