TO satisfy the recent $5.4 million default judgment of the federal court, the plaintiffs in the lawsuit have applied for a writ of execution against Imperial Pacific International LLC’s personal property.
The plaintiffs, through attorney Aaron Halegua, are asking the federal court to issue a writ of execution to have IPI’s computer hardware, furniture and equipment, motor vehicles, casino gaming machines, and crystal dragons, as well as any other non-exempt personal property to be sold at auction in order to pay the plaintiffs and satisfy the judgment.
Chief Judge Ramona V. Manglona last month entered a default judgment in favor of the plaintiffs, in the amount of $5,430,595.58 plus post-judgment interest and attorneys’ fees, against IPI.
Judge Manglona said IPI’s mistreatment of the workers was “appalling,” and was the “driving force” behind the “egregious conditions” faced by the plaintiffs who are construction workers from China.
Halegua said the judgment remains unsatisfied.
“IPI has not posted a supersedeas bond and has not obtained an order staying IPI’s execution on the judgment as of the date of this motion,” Halegua said in his application for a writ of execution filed on June 30, 2021.
Halegua noted that on June 21, 2021, IPI filed a motion for reconsideration of the court’s order issuing a default judgment against IPI.
He said the filing of such a motion neither extends the automatic stay under Fed. R. Civ. P. 62(a) nor creates a new stay.
The seven plaintiffs who were employed by IPI’s former contractor and subcontractor are Tianming Wang, Dong Han, Yongjun Meng, Liangcai Sun, Youli Wang, Qingchun Xu, and Duxin Yan.
Their original complaint was filed against Gold Mantis Construction Decoration (CNMI) in December 2018. An amended complaint was filed in March 2019 to include MCC International Saipan Ltd. Co. and IPI as defendants. It also added an allegation of forced labor under the federal Trafficking Victims Protection Reauthorization Act.
The plaintiffs had asked the federal court to award them $3.86 million in compensatory damages and $7.72 million in punitive damages.
IPI is a wholly owned subsidiary of a Hong Kong-based company, Imperial Pacific International Holdings Limited.
MCC International and Gold Mantis were the contractor and subcontractor of IPI in the construction of its casino resort in Garapan.
The plaintiffs have already settled with MCC International and Gold Mantis.
Order to show cause
Judge Manglona on June 30 issued an order to show cause against former IPI chairwoman Cui Li Jie.
Cui must explain to the court why it should not enter an order finding her in civil contempt of court for her failure to comply with a preservation order involving Electronically Stored Information or ESI from her cell phone.
Cui, a third-party witness in the lawsuit of the seven workers, must also explain to the court in writing why she should not be fined $10,000 a day for not complying with the preservation order.
The order to show cause against Cui mentioned other and more severe sanctions, “up to and including potential incarceration,” which will be imposed for continued non-compliance.
The law firm of Guam attorney David Lujan, Lujan & Wolff, made an appearance on behalf of Cui, but Judge Manglona said she would not recognize Lujan’s appearance until the firm had satisfied court requirements.
