O’Connor law firm out as IPI counsel in 2 suits, but stays in 1 suit

The federal court has granted the motion of law firm O’Connor Berman Horey and Banes to withdraw as counsel for IPI in connection with two lawsuits filed by two contractors.

At a hearing last Friday, U.S. District Court for the NMI Chief Judge Ramona V. Manglona, however, denied O’Connor’s motion to withdraw as counsel for IPI in the third lawsuit filed by contractor U.S.A. Fanter Corp. Ltd. This will allow the bench trial on the mechanic’s lien issue to go forward, Manglona said.

U.S.A. Fanter is suing IPI for allegedly refusing to pay $2.08 million for construction work it did on IPI’s casino in Garapan. U.S.A. Fanter asked the court to attach mechanic’s lien to IPI’s interests in the real property on the project. A mechanic’s lien refers to a security interest in the title to property for the benefit of those who have supplied labor or materials that improve the property.

Manglona granted O’Connor’s motion to withdraw as counsel for IPI in Pacific Rim Land Development LLC’s lawsuit, but required IPI to seek new counsel in two weeks or by Friday, June 5.

IPI counsel Michael Dotts informed the court that he will make a special appearance to accept service of all filings by Pacific Rim. Dotts said an attorney has been identified and will enter an appearance shortly.

Pacific Rim is suing IPI and five unnamed alleged co-conspirators for allegedly failing to pay it for the construction work it did on the casino project. Pacific Rim said it is owed $5.65 million but wants to collect approximately $10 million in damages from IPI.

Manglona granted O’Connor’s motion to withdraw as counsel for IPI in U.S.A. Fanter Corp. Ltd.’s defamation suit, but required IPI to seek new counsel by June 5. Manglona notified IPI of possible consequences if no counsel makes an appearance.

U.S.A. Fanter is suing IPI for issuing statements published in two newspapers that allegedly contained libelous statements. U.S.A. Fanter is demanding unspecified damages. The company also asked the court to require IPI to make a public retraction of the statements.

In their opposition to the O’Connor law firm’s motion, Pacific Rim and U.S.A. Fanter, through counsel Colin M. Thompson, said the law firm only gave a hint of the reasons it wishes to withdraw.

Thompson said the court should deny the motion until the law firm gives a compelling reason and a new counsel that is prepared to take over the case and a legitimate plan for meeting the court’s deadlines.

Cong Nie, who is a member of the O’Connor law firm, said the basis for this motion is that professional considerations warrant withdrawal.

IPI recently terminated attorneys Sean E. Frink, Catherine J. Cachero, and their law firm as its counsel in a lawsuit filed in federal court by seven former workers against IPI, MCC International Saipan Ltd. Co., and MCC’s subcontractor, Gold Mantis Construction Decoration (CNMI) LLC, over the alleged injuries they suffered during accidents at the worksite of IPI’s resort/casino project in Garapan.

Former attorney general Joey Patrick San Nicolas and Viola Alepuyo are also already out as IPI counsel.

IPI recently hired Dotts as its new counsel in a lawsuit filed by seven former workers against IPI.