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Court denies Jorgensen’s motion to lift stay on lawsuit’s proceedings
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Posted on Sep 12 2011
By Ferdie de la Torre
Reporter
Reporter
U.S. District Court for the NMI visiting judge William Q. Hayes has denied attorney Bruce Jorgensen’s motion to lift the court’s order that stayed the proceedings in his lawsuit against Gov. Benigno Fitial and the NMI Retirement Fund over alleged non-payment of his two clients’ retirement benefits.
In a five-page order filed in court on Thursday, Hayes also denied Jorgensen’s request to hold a status conference on June 13 to 17, 2011.
Hayes said that on June 25, 2010, the District Court determined that a stay was necessary in order to afford proper deference to the state court proceedings.
The judge said the plaintiffs (two unnamed persons represented by Jorgensen) have not come forward with any facts or circumstances that address the court’s reasons for imposing the stay or show that the stay should be lifted at this stage in the proceedings.
Hayes said the court finds that the reasons for imposing the stay remain in effect.
“Plaintiffs’ motion to lift the stay is denied without prejudice to refile based upon a showing of changed facts or circumstances relevant to the court’s reasons for imposing the stay,” Hayes said.
Hayes heard the motion to lift the court’s stay order last July 21.
Jorgensen, who argued telephonically on behalf of his clients, had asked the court to lift the stay order so that he could proceed with the lawsuit.
Attorney Braddock Huesman, counsel for the Fund’s and its board, argued that lifting the stay at this time is improper as they have a pending appeal with the U.S. Court of Appeals for the Ninth Circuit over the federal court’s order denying the Fund’s motion to dismiss Jorgensen’s lawsuit.
