The Commonwealth Casino Commission has no objection to the sale of Imperial Pacific International LLC’s casino gaming machines, according to Assistant Attorney General Carl Dela Cruz.
Dela Cruz, representing the Commission, filed a statement of no objection to the sale of IPI’s casino gaming machines pursuant to the receivership established in USA Fanter Corporation v. Imperial Pacific International (CNMI), LLC, Case No. 1:20-cv-00003.
On June 9, 2022, Chief Judge Ramona V. Manglona of the NMI District Court ordered the commission to file its objections, if any, to the sale of IPI’s casino gaming machines pursuant to the sequestration established in another lawsuit against IPI.
Failing to do so, the court will consider that CCC has given its consent, Judge Manglona said.
IPI, through attorney Kevin Abikoff, opposes the lifting of the limited receivership stay in the lawsuit of seven workers who sued the casino developer over allegations of labor abuse and of human trafficking.
The complainants were previously employed by IPI’s former contractor and sub-contractor, MCC International and Gold Mantis, both of which have already settled the matter with the workers.
On May 26, 2021, the Federal Court granted a default judgment in favor of the workers plus postjudgment interest and attorneys’ fees for a total amount of $5.9 million.
IPI failed to pay the judgment that led the Federal Court to grant plaintiffs’ request for a writ of execution for the seizure of IPI’s personal property, including its casino gaming machines.
Judge Manglona on March 16, 2022 granted a stipulation, filed in the Fanter case between the plaintiffs and IPI, which stayed the execution of the writ.
Under the stay agreement, the court amended the receivership in the Fanter case to add the seven workers as additional creditors with the right to substitute for Fanter to enforce the judgment owed to the plaintiffs.
In this suspension agreement, IPI acknowledged that in the event of breach of the suspension agreement, plaintiffs would have the right to proceed with enforcement by way of receivership.
On May 27, 2022, Judge Manglona found that IPI breached the agreement.
Represented by attorneys Aaron Halegua and Bruce Berline, the plaintiffs are Tianming Wang, Dong Han, Yongjun Meng, Liangcai Sun, Youli Wang, Qingchun Xu and Duxin Yan. They asked the court to lift the stay of the limited receivership to sell IPI’s casino gaming equipment so that the judgment can be satisfied.
IPI, in its objection, said that 4 CMC § 51564 required Fanter and plaintiffs Wang to first obtain CCC clearance and a license from the commission before seeking the writs and limited receivership of the gaming machines. casino.
But the commission, agreeing with the court’s decision in appointing a receiver, informed the court that it does not oppose the sale of IPI’s casino gaming machines.
USA Fanter, for its part, sued IPI for its non-payment of all monies owed to the plaintiff under its construction contract for labor and materials furnished for the property improvements of the investor in the Saipan casino in Garapan.
According to that lawsuit, IPI had only paid USA Fanter $300,000 and the outstanding balance owed was not less than $2,089,345.28.
Judge Manglona rendered a final judgment in favor of USA Fanter.
As for the request to lift the stay of receivership, Judge Manglona has set a hearing for July 15, at 10 a.m.