SAIPAN Tribune editor Jayvee Vallejera and Marianas Variety reporter Emmanuel T. Erediano were called to testify in the bench trial of Imperial Pacific International LLC, which was sued by its former contractor, USA Fanter Corp. Ltd., for defamation.
The two were asked about IPI’s communication with them prior to the publication of its press release, which USA Fanter said was defamatory.
USA Fanter, represented by attorney Colin Thompson, also called USA Fanter’s president Guocao Qian and the company’s general consultant Antonio Muna to testify.
IPI was represented by attorney Stephen Nutting who cross-examined the witnesses.
Presiding over the bench trial was Chief Judge Ramona V. Manglona of the District Court for the NMI, who directed USA Fanter to file its proposed finding of fact and conclusion of law by April 26.
She said IPI’s response was due May 10, and the plaintiff’s reply, May 17.
The judge also scheduled a status conference for June 7, 2022 at 1:30 p.m.
She told the parties that if she does not issue a written decision before the status conference, she will announce it during the status conference.
USA Fanter, which has also sued IPI for breach of contract in a separate lawsuit, has accused the casino developer of making libelous statements in a press release transmitted to two local newspapers.
USA Fanter is asking the court to find IPI liable and award the plaintiff damages.
According to USA Fanter, the press release issued by IPI in December 2019 was in reference to certain construction work performed by the plaintiff and was quoted extensively by the two local newspapers.
“Specifically, IPI stated that USA Fanter purportedly lied about the actual construction work performed, issued false reports, forged project quantity numbers, forged a payment, fabricated units of material used, fabricated prices and double billed for work performed,” the lawsuit stated.
“IPI’s statements were false and defamatory and that USA Fanter’s business reputation was adversely affected as a result,” it added.
USA Fanter said it wanted IPI to make a public retraction of the alleged defamatory statements, but IPI declined to do so.
According to the lawsuit, at that time, there was an outstanding balance of over $2 million for construction work related to the VIP wing and exterior work of the hotel-casino that was being built in Garapan.
The lawsuit stated that it was only after USA Fanter complained to the Commonwealth Casino Commission that IPI “suddenly accused USA Fanter of disreputable and illegal business practices with respect to the work performed for the project.”
USA Fanter is seeking $250,000 in damages to reputation and $250,000 in punitive damages.
IPI has denied the defamation allegation.
