Chief Judge Ramona V. Manglona of the NMI District Court granted the stipulation on limited receivership for Imperial Pacific International LLC play equipment in the lawsuit of seven construction workers who alleged violations labor and traffic regime.
According to Judge Manglona, the amount the limited receiver should be allowed to collect through the liquidation of IPI’s gaming assets will be $6 million plus any additional amounts (as defined in the settlement agreement). stay), less the amount of any superseding or appeal bond that has been issued and any other amounts collected by plaintiffs for payment of their judgment under the stay agreement.
The judge also ordered that the receivership be stayed until April 13, 2022. She scheduled a status conference for the same date at 9 a.m.
As the Suspension Agreement provides, “in the event that another party seeks to take any action that may involve the sequestration of the Gaming Equipment, or the rights, claims or interests of plaintiffs thereon report, plaintiffs will face no limitations on taking any action they deem reasonable to protect their rights or claims with respect to the receivership and gaming equipment,” the judge said.
Recently, Judge Manglona approved the stay agreement between IPI and the seven plaintiffs.
She said the suspension agreement and its annexes are deemed sufficient to justify a suspension in accordance with the Fed. A. Civil. P.62(b).
“The court further affirms that under the aforementioned writ of execution, plaintiffs retain a valid lien on IPI’s personal property (other than IPI’s gaming equipment, which will be subject to a separate order), that this lien will remain in place until IPI has complied with all of its obligations under the Suspension Agreement, and that IPI shall not transfer, pledge or otherwise encumber its personal assets without the plaintiffs’ express written consent or the authorization of this court,” Judge Manglona said.
The court will retain jurisdiction over the enforcement of any provision of the suspension agreement, she added.
The separate limited receivership order regarding IPI’s gaming equipment order was issued on March 16.
In a motion previously filed in federal court, IPI, represented by attorney Kevin Abikoff, and plaintiffs, represented by attorneys Aaron Halegua and Bruce Berline, asked the court to approve the suspension agreement.
The parties said they would execute a stipulation in which IPI agrees that the seven construction workers can take over the limited receivership to sell the gaming equipment and assume all rights previously held by USA Fanter Corp. Ltd., a contractor who sued IPI for non-payment. $2 million in labor and materials.
The seven workers also agreed to halt all action by the receiver for a specified period. They have also agreed that the stay will be further extended as long as IPI fulfills all of its obligations under the stay agreement.
IPI obtained an initial appeal bond in the amount of $1 million on February 11, 2022 and reimbursed the expenses and a portion of the legal fees incurred by the plaintiffs to enforce their judgment by making a payment to the attorney plaintiffs on February 11. 9. 2022.
The plaintiffs are Tianming Wang, Dong Han, Yongjun Meng, Liangcai Sun, Youli Wang, Qingchun Xu and Duxin Yan. They sued IPI for labor violations and allegations 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, Judge Manglona entered a default judgment in favor of the workers plus postjudgment interest and attorneys’ fees totaling $5.9 million.
After IPI’s motion for reconsideration was denied in federal court, the casino investor appealed to the United States Court of Appeals for the Ninth Circuit.