Vol. 35 No.27
       ©2007 Marianas Variety
Monday, April 23, 2007 www.mvariety.com
Serving the CNMI for 35 years
 

© 2007 Marianas Variety
Published by Younis Art Studio Inc.
All Rights Reserved
Email :
mvariety@vzpacifica.net
Court grants garment worker’smotion for TRO

By Cherrie Anne E. Villahermosa
Variety News Staff

THE federal court on Friday granted a garment worker’s motion for a temporary restraining order to prevent a defunct garment factory from removing all its remaining assets in the CNMI.
U.S. District Court for NMI Chief Judge Alex R. Munson granted the motion for a TRO filed by Qian Xiaoli whose employment contract was not renewed by Grace International Inc. when she sustained a disability during her period of employment.
Qian is represented by Michael W. Dotts while Grace International Inc.’s lawyer is F. Matthew Smith.
The court granted the plaintiff’s motion for a TRO to last for 10 days.
According to Munson, the possible harm to Qian outweighs the possibility of harm to the defendant “particularly given the plaintiff’s counsel’s representation to the court that the plaintiff does not intend to take any action that would frustrate the sale of the defendant’s assets, so long as, upon any such sale or sales, an amount of $75,000 is deposited with the court until a final court order is rendered.”
Munson ordered the defendant, its agent, employees, successors, attorneys and all persons in active concert and participation with them, to “not remove from the commonwealth, or otherwise dissipate, assets to the point that less than $75,000 in assets remains in the commonwealth, unless and until further order of this court.”.
The court set the preliminary injunction hearing for April 30 at 9 a.m.
Munson said should the parties agree to set back the preliminary injunction hearing, they should notify the court.
Qian sued Grace International for refusing to renew her contract in 2005 after she sustained a physical disability while employed as a garment worker from Oct. 2002 to Oct. 2004.
Qian also filed a motion for a preliminary injunction after learning that the defendant closed the factory on Saipan.
Qian is concerned that by the time the matter is resolved, no assets of Grace Internationl will remain in the CNMI “upon which she can execute a judgment in her favor, in the event she should prevail.”