RAY N. Yumul, Imperial Pacific International LLC’s new chief executive officer, told the federal court on Wednesday that he has full settlement authority on behalf of the casino developer.
Ray N. Yumul
“While I have full settlement authority on behalf of IPI, in the interest of complete candor, because of the limited funds available to IPI, I am constrained to the extent that I cannot commit to a settlement which exceeds funds presently available in corporate accounts or which may be committed to IPI by its investors, or other outside investors or lenders,” the former senator added.
In a declaration filed in court relating to a sexual harassment case filed by the U.S. Equal Employment Opportunity Commission against IPI and unnamed individuals, he stated that he took the CEO position to fill the vacancy left after former CEO Donald Browne resigned from the position in December 2020.
Magistrate Judge Heather Kennedy of the District Court for the NMI had required IPI to have a representative with full authority to participate in a settlement conference.
IPI was also ordered to submit a declaration on who has full authority to participate in the settlement.
Yumul said he was “advised that there were numerous civil court cases filed in both the United States District Court and the Commonwealth Superior Court.”
He said he met with IPI attorney Stephen Nutting on Jan. 24, and senior IPI officials to discuss issues related to ongoing litigation as well as Yumul’s “role in assisting with the litigation and settlement discussions and proceedings.”
“At that time,” he added, “Mr. Nutting advised that in furtherance of settlement discussions, someone would need to appear with full and meaningful settlement authority to approve reasonable settlement offers, which might be offered at all settlement conferences.”
During that meeting, Yumul said, “I was assured that I would have full settlement authority to consider and to accept or reject any and all settlement offers, without resorting to seeking approval from any other person within IPI.”
“With that assurance,” he said, “I agreed to attend and become involved in settlement discussions, as I firmly believe that IPI cannot litigate all of the cases presently pending and must make efforts to put an expeditious end to the pending proceedings.”
But the IPI CEO said he cannot commit to a settlement right now.
“I am further constrained by the fact that there are other legal commitments, which must be met under threat of contempt or default which continue to become due. I am aware that those debts and obligations must continue to take priority in terms of funds available for any offer of settlement,” Yumul said.
In September 2019, the EEOC sued IPI in federal court over allegations of sexual harassment and unfair employment practices on behalf of Shirlene Loh, a VIP hostess, and other similarly aggrieved female employees.
IPI has denied all the allegations or inference in the complaint that it has engaged in any unlawful employment practices, and has asked the court to rule in its favor and dismiss the complaint with prejudice.
