Bruce Jorgensen and Timothy R. Lord are scheduled to electronically file today the motion in connection with their first amended complaint against Gov. Benigno R. Fitial, U.S. Attorney General Eric Holder and other defendants named in Civil Action 09-00023.
Jorgensen first filed the complaint for declaratory/ injunctive relief and for damages in June in the U.S. District Court for the Northern Mariana Islands.
The plaintiffs were still identified as Jane Doe and John Roe, which Jorgensen said was purposely done to protect them from undue retaliation.
The complaint cited eight counts of violations, including the retirees’ violated civil rights.
Jorgensen is asking the federal court to declare as unlawful CNMI Public Law 15-15 which allowed the local government to suspend its employer contributions to the Retirement Fund for 15 months.
Jorgensen is also asking the federal court to issue an order so that relevant U.S. offices can begin an investigation as to whether federal laws and regulations have been violated by the CNMI and the defendants with respect to the following: diversion of CNMI-owed-payments to the Fund, including but not limited to diversion of U.S. grant funds paid by grantees to the CNMI for contribution to the Fund; diversion of CNMI funds lawfully owed to the Fund for other purposes including co-matching-CIP arrears; and unlawful misconduct relating to business, financial, securities, intrastate,
Jorgensen and Lord likewise asked the federal court to enjoin Fund acting Chairman Pedro Q. Dela Cruz, Vice Chairman Sixto K. Igisomar, Trustee Adelina C. Roberto, as well as Fund Administrator Mark M. Aguon, and Fund/board attorneys James E. Hollman and Elizabeth Viola Alepuyo, among other persons, from engaging in various activities relevant to the pension agency.
Further, the two attorneys are asking the federal court to certify their case as a class action and appoint them as class counsels.
They are asking for an independent and separate proceeding regarding the CNMI’s property and provides plaintiffs with discovery.
The Retirement Fund won by default its damage suit against the CNMI government in the local trial court.
The court said the government owed the Retirement Fund $231 million in unpaid contributions as of April 2009.
The administration, however, wants the Fund to be paid according to availability of local funds.
