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Jorgensen: Munson willing to mediate unnamed retirees’ suit
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Posted on Apr 12 2012
By Ferdie de la Torre
Reporter
Reporter
Attorney Bruce Jorgensen and co-counsel Robert M. Hatch disclosed that their clients agree to former federal court chief judge Alex R. Munson mediating the settlement negotiations in their lawsuit against Gov. Benigno R. Fitial and NMI Retirement Fund.
Jorgensen and Hatch, on behalf of two unnamed retirees, filed on Friday a notice of consent to mediation in the U.S. District Court for the NMI.
The lawyers said in the notice that, on March 28, 2012, all parties in the case came before the court for a telephonic status conference.
Jorgensen and Hatch said U.S. District Court for the NMI designated judge Frances Tydingco-Gatewood informed the parties that she had reached out to Judge Munson regarding any potential interest in mediating or otherwise engaging in settlement discussions.
The lawyers said Munson responded that he would be available if the conditions were appropriate and all parties were willing.
Jorgensen and Hatch said all attorneys stated that while they were open to mediation and settlement discussions in general, they had not discussed particulars with their respective clients.
They said Judge Tydingco-Gatewood then told all attorneys to speak with their clients and report whether their clients were opposed or agreeable to mediation with Munson.
The lawyers said that Tydingco-Gatewood also questioned whether the court has jurisdiction to order mediation while a motion is pending before the U.S. Court of Appeals for the Ninth Circuit.
Jorgensen and Hatch said the filing of the motion in the Ninth Circuit does not divest the U.S. District Court for the NMI of jurisdiction over this matter.
Jorgensen, on behalf of two unnamed retirees, filed the lawsuit against Fitial and the Fund over alleged non-payment of their retirement benefits.
