AS requested by the Office of the Attorney General, the Superior Court clerk of court has granted an entry of default against former Department of Community and Cultural Affairs Secretary Robert H. Hunter.
Clerk of Court Patrick Diaz issued the default against Hunter on April 12, 2023.
According to Diaz, “Based on plaintiff’s Request for Entry of Default by the Clerk of Court pursuant to Rule 55(a) of the NMI Rules of Civil Procedure and the declaration filed in support thereof, and it appearing after examination of the record and pleadings in this action that Defendant, Robert H, Hunter, was duly served with the summons, complaint, and other documents accompanying the action, and that the time for answering has expired without any answer or responsive pleading being filed, the default of defendant, Robert H. Hunter, is hereby entered herein according to law.”
The AG’s office, which has filed a lawsuit against Hunter for excessive typhoon overtime pay, said the defendant failed to answer or file any responsive pleading to the AG’s complaint for declaratory judgment and recovery relief.
The AG’s office filed the request for entry of default on April 4, 2023.
In his declaration filed in court, Chief Solicitor J. Robert Glass Jr., said, “On Dec. 14, 2022, I filed a complaint alleging six causes of action that defendant…was illegally paid overtime, premium pay, or other payments contrary to law, and that such amounts should be returned to the Commonwealth Treasury.”
The complaint requested a judgement in the amount of $17,147.90 for unlawful typhoon premium payments, overtime payments, or extra payments not authorized by law, without valid appropriation, and in excess of the salary ceiling; post-judgment interest at 9% per annum; and costs of suit which total $85.68 for process server costs and mailing costs.
After multiple attempts to serve Hunter personally, Glass said the defendant was served by mail in accordance with 7 CMC § 1104 by certified mail with return receipt.
“On Feb. 10, 2023, the complaint and summons were mailed via United States Postal Service to defendant at his address in Tucson, Arizona,” Glass said. “On Feb. 21, 2023, the summons and complaint were delivered as addressed, including a signed return receipt. On March 28, 2023, the undersigned [Glass] received the return receipt and filed an affidavit of service detailing the steps taken by plaintiff to serve defendant.”
Glass said Hunter was duly served on Feb. 21, 2023, when the complaint and summons were delivered by mail.
“To date, no answer or any other responsive pleading has been filed by defendant,” Glass added.
Hunter served as DCCA secretary from March 14, 2016, to Dec. 26, 2020.
The AG’s office has filed a similar complaint against other former Torres administration cabinet department heads.
