FOLLOWING an order from the federal court allowing him to participate and join the limited receivership proceedings, Joshua Gray, represented by attorney Aaron Halegua, has applied for a writ of execution on Imperial Pacific International LLC’s personal property.
Chief Judge Ramona V. Manglona of the District Court for the NMI granted Gray’s request to participate in the limited receivership on June 26.
Gray, IPI’s former director of operations, prevailed in his discrimination lawsuit against the casino investor.
On May 30, 2023, the District Court granted Gray a default judgment against IPI. The following day, May 31, the court entered a judgement awarding Gray $5,686,182.20 against IPI.
As the judgment remains unsatisfied, and because IPI has not posted a supersedeas or appeal bond, and has not obtained an order staying IPI’s execution on the judgment, Halegua asked the court to issue a writ of execution to have IPI’s vehicles, liquor, crystal dragons, computer hardware, furniture and equipment, casino-related and security equipment, and other non-exempt personal property to be sold in an auction to satisfy judgment.
“The total resale value of these assets will likely not exceed the value of plaintiff’s judgment; and, if the funds from the sale are sufficient to pay the judgment, then the further sale of IPI’s assets may be stopped,” Halegua said.
He also requested the court to order IPI to maintain any required registrations and insurance for all of the assets identified, and any other personal property, and maintain these items in good condition.
“The order should also require IPI to store each seized item in its current location, wherever it is found. (However, most items that will be seized are believed to be either inside the IPI casino, at its storage facilities, or in an underground parking lot.),” Halegua said.
He also requested the court to set a hearing upon the return of the writ to provide IPI with the opportunity to advance any applicable exemptions.
On Oct. 26, 2021, Judge Manglona appointed Clear Management as receiver for the purpose of selling IPI’s gaming equipment to satisfy a judgment awarded to USA Fanter Corporation Ltd.
USA Fanter sued the casino investor 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 in Garapan.
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 issued a final judgment in favor of USA Fanter.
