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Criminal cases, civil actions delayed by Internet problem
In just one business day, at least two criminal cases and two civil actions in federal court have been delayed due to ongoing Internet-related issues.
Lawyers representing parties in four cases on Friday requested the U.S. District Court for the NMI for extension of deadlines and filing of documents.
According to court documents, in the criminal case against Melvin G. Ada, the defendant’s counsel, Colin M. Thompson, and the prosecutor, Assistant U.S. Attorney Garth Backe, both requested the court to allow Ada to file his objections to the U.S. of Probation Office’s presentence report by Sept. 3, 2015, and reset the sentencing hearing to Oct. 9, 2015.
Thompson and Backe said, among other factors, Thompson’s law office has been unable to access the Internet in a manner that would permit the defense to research certain issues raised by the presentence report.
In the criminal case against Vincent M. Songsong, attorney Thompson, counsel for the defendant, and Backe asked the court to set a new trial date for Dec. 1, 2015, instead of Sept. 1, 2015.
Thompson and Backe said, among other factors, the ongoing Internet-related issues have caused communications problem with Songsong’s expert witness.
In Cecilia U. Flores’ civil lawsuit, her counsel, Juan T. Lizama, and attorney Marcia K. Schultz, counsel for the MUFG Union Bank, asked the court to deem as timely filed Flores’ filing of opposition to the bank’s motion for removal of the case to federal court.
The parties agreed that Lizama contacted Union Bank’s counsel on Friday afternoon to advise that he was unable to complete and file the opposition because of the lack of Internet and communications in the CNMI since July 8.
In Yu Xuan’s civil case, Yuan’s counsel, Mark B. Hanson, and attorney Samuel Mok, counsel for defendants, both requested to modify the case management scheduling order.
Hanson and Mok cited, among other factors, unforeseen circumstances beyond their control caused by the recent state of emergency declared in the CNMI as a result of Internet service and reliable telephone service that has severely impeded their ability to conduct legal research.
