FOLLOWING a status conference on Thursday, Chief Judge Ramona V. Manglona of the District Court for the NMI ordered Imperial Pacific International LLC chair Cui Li Jie to provide the court with her cell phone data and submit an affidavit detailing her use of Electronically Stored Information or ESI.
Cui is a third-party witness in the lawsuit of seven construction workers against IPI and its former contractor and subcontractor over labor abuse and human trafficking allegations.
She was formerly represented by attorney Juan T. Lizama who made an oral motion at the hearing to withdraw from representing her.
The plaintiffs, represented by attorney Aaron Halegua, recently requested the federal court to impose a $10,000 daily sanction on Cui for not complying with a court order directing her to file a sworn statement that addresses all aspects of her creation and use of ESI.
Halegua also requested the court to find the IPI chair in contempt for failing to comply with the court order, and to issue an order to show cause against her.
In a sworn affidavit, Cui, assisted by her interpreter How Yi Chi, told the court that she was poorly represented in the court proceedings, and that her “alleged failures are caused largely, if not all of them, by Mr. (Juan) Lizama, who for some reason beyond my comprehension had failed to inform me of everything communicated to him by the opposite lawyers.”
“Nor had he given me clear and effective instructions on what to comply with,” she added.
Cui asked the court for more time to “find a competent lawyer.”
At the hearing on Thursday, Judge Manglona ordered the IPI chair to submit to the plaintiffs’ attorney a signed declaration in Chinese detailing the steps she took to preserve ESI, including her consent that allowed Lizama to tender the phone to the third-party company.
Cui was also directed to submit a certified translation of her declaration.
Judge Manglona ordered Lizama to surrender the cell phone to the third-party company no later than June 10. The judge likewise ordered Lizama to submit a declaration by next week that the cell phone has been surrendered.
She directed attorney Lizama is to file his motion to withdraw as counsel no later than next week.
Once an order is issued, a status conference will be set 30 days after.
“Cui is to search an attorney between now and the status conference,” Judge Manglona added.
At the same hearing, the IPI chair provided a two-page exhibit regarding her ESI and apprised the court that she will submit the remaining pages.
In a statement submitted to the court regarding the Hong Kong SIM card, Cui stated: “The opposing lawyer asked for my [cell phone] for a period as long as three weeks. On 5/10, Chi and I went to IT&E to buy a new phone; thus, I would not be bored during the three weeks the opposing lawyer requested. Chi was backing up the information to the cloud for my new phone to gain the data in the old phone, and he said it would take three hours. I went back home. A couple of hours later, Chi showed up at my house and gave me the new phone, and the old phone was given to our lawyer straight with the Hong Kong SIM card in it. Three days later, I heard from Chi that the Hong Kong SIM card is missing. I have no idea where did that card go, nor did I [lose] the card on purpose.”
Cui also provided a total of seven additional pages, front and back, which were filed under seal for counsels’ review.
The plaintiffs were employed by IPI’s former contractor and subcontractor, MCC International and Gold Mantis, both of which have already settled with the plaintiffs.
Recently, Judge Manglona entered a $5.9 million default judgment in favor of the plaintiffs against IPI.
In an email, Lizama told Variety that he will withdraw from representing the IPI chair in the civil litigation, but added that he is still representing IPI in some of its other cases. He did not elaborate.
