FOR failing, again, to comply with its discovery order, the federal court has ordered an entry of default against Imperial Pacific International LLC in the discrimination lawsuit filed by its former employee, Joshua Gray.
In her order, Chief Judge Ramona V. Manglona of the District Court for the NMI struck IPI’s answers to the lawsuit and directed the clerk of court, Magistrate Judge Heather Kennedy, to enter a default against the casino investor.
Judge Manglona also ordered the parties to meet and confer regarding outstanding discovery issues in preparation for the damages hearing that will be set for a later date.
The judge set a status conference for April 28, 2021.
On April 8, 2021, a status conference was held to discuss IPI’s pending discovery deficiencies and whether the court should enter default against IPI for its repeated discovery violations.
The status conference was a continuation of the hearing held on March 4, 2021 during which IPI was ordered to explain why default should not be entered against it for violating the court’s Feb. 4, 2021 discovery order.
The court withheld entering a default at the time but gave IPI until March 18, 2021 to cure its deficiencies and comply with the court’s discovery order. The court gave IPI’s counsel until March 19, 2021 to certify compliance, and warned IPI that failure to comply with the court order would result in the entry of default.
However, as of April 8, 2021, IPI had not sufficiently complied with the discovery order.
Judge Manglona found IPI’s actions a willful violation of the court’s discovery order and ordered an entry of default against IPI pursuant to Rule 37.
Gray sued IPI for discrimination based on race and retaliation for his complaints about its employment practices.
He asked the court to issue an order awarding him damages and other relief as the court deemed appropriate.
Gray is represented by attorneys William Fitzgerald and Bruce Berline while IPI was represented by attorney Stephen Nutting.
