CHIEF Judge Ramona V. Manglona of the District Court for the NMI on Thursday denied without prejudice USA Fanter Corp.’s motion to appoint a receiver for Imperial Pacific International LLC’s sale of real property.
She said she will instead issue a limited appointment of receivership within 24 hours.
In August 2021, Judge Manglona granted the request of USA Fanter to appoint Hong Kong-based Clear Management Ltd. to administer, collect, or sell any casino gaming property in which defendant-judgment debtor, IPI has an interest, and to perform any other acts required to satisfy the judgment of $2,089,345.28.
On Sept. 9, USA Fanter, through attorney Colin Thompson, asked the federal court to appoint a receiver for IPI, this time, for the sale of real property.
IPI, through attorney Stephen Nutting, opposed the motion, saying that USA Fanter “fails entirely to indicate why its already appointed receiver is not adequate to provide a basis for the extraordinary relief sought.”
USA Fanter sued IPI for its failure to pay the full amount due to the plaintiff under their construction contract for labor and materials provided for the improvement of IPI’s real property.
The lawsuit stated that IPI had paid USA Fanter $300,000 only and the unpaid balance due was not less than $2,089,345.28.
The judge has issued a final judgment in favor of USA Fanter.
Other creditors
Judge Manglona also invited IPI’s other creditors and their representatives to attend the receivership hearing on Thursday.
Among the private attorneys who attended the hearing were Mark Scoggins, Michael Dotts, Charity Hodson, Michael White, Samuel Mok, Steve Pixley, and Joey McDoulett. Civil Division chief John Lowrey and Assistant Attorney General Dustin Rollins appeared for the CNMI government.
Lawyers of plaintiffs in other civil cases against IPI likewise attended the receivership hearing, including Richard Miller, who represented Xerox Corp.; the law firm of Banes Horey and Berman & Miller; and attorneys William Fitzgerald and Bruce Berline who appeared via videoconference for Joshua Gray who sued IPI for discrimination, and Yuqin Gui who sued IPI for sexual harassment.
Also attending the hearing via videoconference was U.S. Equal Employment Opportunity Commission attorney Eric Yau.
