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    Friday, April 19, 2019-2:36:48A.M.

     

     

     

     

     

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Judge denies lawyer’s emergency motion to dismiss Hillbroom’s lawsuit

CHIEF Judge Ramona V. Manglona of the District Court for the NMI has denied Barry J. Israel’s emergency motion to dismiss with prejudice the malpractice lawsuit filed by Junior Larry Hillbroom against him.

She said Israel’s motion failed to comply with local court rules, adding that it contains no statement certifying that he had attempted to resolve the dispute without court action.

Civil litigation rules allow for the voluntary dismissal of an action by a plaintiff, “but that is not before the court,” Judge Manglona said, and that is the reason she is denying Israel’s motion without prejudice.

Without prejudice means Israel can re-file the motion.

Judge Manglona also reminded Israel’s counsel to contact the clerk of court’s office by telephone and e-mail when requesting immediate court action to avoid scheduling conflicts.

On March 13, attorney Theodore Frank, who represents Israel, filed an emergency motion for dismissal and requested for a hearing.

Frank said Hillbroom had instructed his counsel to dismiss the action but his counsel did not comply with his instruction.

Frank said he received an email from Israel’s co-defendant, David Lujan, with a digital mp3 file of a recording of his Feb. 2, 2019 call with Hillbroom that expressed the latter’s desire to drop the lawsuit.

Hillbroom is one of the four DNA-proven heirs of DHL Corp. founder Larry Lee Hillblom who died in a plane crash in 1995 near Saipan leaving behind him an estate estimated at about $600 million.

Attorneys Barry Israel and David Lujan represented Hillbroom when he was a minor in securing $90 million from the Hillblom estate. When he became an adult, Hillbroom sued his former lawyers for malpractice as well as Keith Waibel, trustee of Hillbroom’s trust, for conspiracy.

Hillbroom is represented by attorneys Rachel Dimitruk and Nelson Werner.