MAGISTRATE Judge Heather Kennedy of the District Court for the NMI has issued an abstract of judgment notice against Imperial Pacific International LLC in favor of seven construction workers who filed a lawsuit alleging labor violations and human trafficking.
The abstract judgment “creates a lien on all real property of the defendant and has priority over all other liens or encumbrances which are perfected later in time.”
“The lien created…is effective, unless satisfied, for a period of 20 years and may be renewed by filing a notice of renewal,” the notice added.
It stated that judgment has been obtained in favor of the plaintiffs: Tianming Wang, Dong Han, Yongjun Meng, Liangcai Sun, Youli Wang, Qingchun Xu, and Duxin Yan.
The amount of judgment is $5,430,595.58, plus post judgment interest at the applicable federal rate, plus attorneys’ fees.
Recently, IPI asked the federal court to reconsider the 5,915,595.98 million default judgment in favor of the seven construction workers.
In his motion for reconsideration of the default judgement, IPI attorney Michael Dotts said: “It is manifestly unjust for the court to impose on IPI over $5.4 million in damages — including nearly $3 million in punitive damages — plus interest and attorneys’ fees, without considering (a) the express contractual responsibility of co-defendant MCC International Saipan Ltd. Co. for plaintiffs’ health, safety, living and working conditions at the Saipan casino project, and (b) that the damages awarded on default against IPI dwarf by more than eleven times the amount that MCC and its subcontractor, defendant Gold Mantis Construction Decoration (CNMI) LLC, paid in settlement to obtain complete dismissals of plaintiffs’ claims against them.”
Chief Judge Ramona V. Manglona, in her 40-page order last month, awarded the plaintiffs a total of $2,957,797.79 in compensatory damages, and $2,957,797.79 in punitive damages. The judge also awarded the plaintiffs a total of $332,350 for emotional distress, $65,945.79 for lost income, $359,502 for future lost income, and $2,200,000 for pain and suffering.
Judge Manglona said IPI’s mistreatment of the workers was “appalling.”
Attorneys Aaron Halegua of New York and Bruce Berline of Saipan with assistance from Times Wang represented the plaintiffs.
The plaintiffs were previously employed by IPI’s former contractor and subcontractor MCC International and Gold Mantis.
The original complaint was filed against Gold Mantis Construction Decoration (CNMI) in December 2018. An amended complaint was filed in March 2019 to include MCC International Saipan Ltd. Co. and IPI as defendants. It also added a claim for forced labor under the federal Trafficking Victims Protection Reauthorization Act.
The plaintiffs had asked the federal court to award them $3.86 million in compensatory damages and $7.72 million in punitive damages.
The plaintiffs have already settled with Gold Mantis and MCC International.
Heather Kennedy
