“Removal should be sustained given the legal authorities and overriding equitable disparities apparent under the circumstances,” said Jorgensen.
He is representing Commonwealth Retirement Association by and through CRA board member Sapuro Rayphand as intervener.
“Post-judgment intervenor, particularly where parties nominally designated ‘plaintiff’ and ‘defendant’ in ‘friendly lawsuit,’ are tacitly aligned, may remove this proceeding, given legal considerations and equitable circumstances here apparent,” Jorgensen argued.
He said ample federal question jurisdiction exits, adding it was a “timely removal.”
Jorgensen said CRA is cross-moving to strike the Fund’s motion to sanction him as moved by attorney Braddock Huesman.
“Removal in lieu of remand promotes judicial economy while averting conflicts of law as between this federal court and the CNMI judiciary respecting not merely present claims, but those visibly on the horizon of federal question derivation,” Jorgensen said.
He recently entered his representation for CRA as intervener in this action to remove the Fund lawsuit from the CNMI Superior Court to the federal court.
