Earlier, Justice Foster already issued a temporary restraining order (TRO) on the “new” PRCS based on the petitions filed by petitioners Santy Asanuma, Gilbert Demei, Emery Wenty, Darin Deleon and Mary Ann Delemel.
“Although the Court is sympathetic to the Defendants’ frustration, it will grant plaintiffs’ motion for a preliminary injunction in an attempt to revert to “the least peaceable uncontested status” (status quo) pending final resolution of the matter,” Justice Foster’s order reads.
The court order indicated that Asanuma group’s (Plaintiffs) met the requirements for granting preliminary injunction.
For the Court to grant a preliminary injunction, the parties agree that Plaintiffs must show: first, Plaintiffs have a substantial likelihood of success on the merits; second, a substantial threat exists that Plaintiffs will suffer irreparable injury if the injunction is not granted; third, the threatened injury to plaintiffs outweighs the threatened harm the injunction will cause Defendants; and fourth, where the public interest lies.
“Although it is clear that many PRCS members are dissatisfied with the current course of the organization and the Court is sympathetic to the Defendant’s frustration, it nonetheless grants Plaintiffs’ motion for preliminary injunction pending final resolution of this matter because action of Defendants and others on October 20, 2010 did not comply with the clear requirements of the Constitution,” the order further reads.
In granting the motion for preliminary injunction, the Court ordered the following: 1) Resolution No. 001and the amendment to Article 3.6.2 that elected a ”new” boardare not binding on PRCS; 2) Defendant Miriam Chin is not reinstated as Executive Director; Plaintiffs petitioners Santy Asanuma, Gilbert Demei, Emery Wenty, Darin Deleon and Mary Ann Delemel remain on the PRCS Board of Directors; 3) Defendants Maria Rehuher, Francis Matsutaro, Adora Nobou, Norbert Yano, Harry Besebes, Lily Ulitech and Edna Raymond are not on the PRCS Board of Directors.
In an interview, Asanuma, the current Board Chairman, expressed his disappointment over what befell PRCS.
“Of course, we are happy that the decision went our way, but the conflict should not have gone public and should have been resolved among ourselves,” he stressed.
The current conflict at the PRCS started on October 21 after erstwhile Executive Director Chin tried to occupy the PRCS office, as she was reportedly reinstated by the “new” board that was elected through a special general membership meeting held at the Old Olbiil Era Kelulau on October 20.
The “new” board, including Rehuher as chairperson, Matsutaro as vice chairperson, Nobou as secretary/treasurer, Yano, Besebes, Ulitech and Raymond as members disclosed in a press release that a resolution (Res No. 001) was unanimously adopted to terminate the board membership headed by Asanuma.
Terminated along with Asanuma were Vice Chairperson Demei, Secretary/Treasurer Wenty and members Deleon and Delemel.
Asanuma’s group contested their” termination” and filed a motion for a TRO, which was then granted by Justice Foster.
After the lapse of the 10-day stay, the Court then considered a motion for preliminary injunction filed by the plaintiffs and granted it in a ruling which came out on November 15.
