CHIEF Judge Ramona V. Manglona of the District Court for the NMI has allowed the removal of a crane from the Imperial Pacific International LLC construction site, but maintained the stop work order and prohibits work on the improvement and development of the hotel-casino project.
She made the ruling after an in-chambers conference on Tuesday with attorneys Boris Orlov and Charles Song of the U.S. Department of Labor and attorneys Michael Dotts and Juan Lizama who appeared on behalf of IPI CNMI and IPI chair Cui Li Jie.
IPI vice president for public affairs Tao Xing, IPI chief executive officer Ray Yumul, Cui Li Jie and her interpreter were also present.
The notice filed in court by Glenn P. Bell, the leader of the Italian construction team, was discussed by the parties.
Bell told the court that IPI subcontractor staffers worked on site Friday to dismantle tower crane 4 “in blatant disregard, again, of court directions.”
It was clarified, however, that the stop work order prohibits work on the improvement, construction and development of the IPI hotel-casino only, and does not prohibit work to remove the crane.
Dotts told the court that it will take three to six days to take the crane down.
In a hearing held on Jan. 28, 2021, Judge Manglona inquired about the “crane litigation fund.”
Dotts said $2.3 million had been deposited with the CNMI Superior Court where “there is one claim against those funds for $250,000.”
Dotts said once the tower is down, then “IPI can petition the local court to release the $2.3 million.”
IPI on Tuesday was also ordered to file weekly reports no later than each Monday. Moreover, another hearing was set for March 1, 2021 at 8:30 a.m.
Judge Manglona ordered IPI to pursue its due diligence to ensure it is able to secure payments to purge its contempt.
On Jan. 28, 2021, Judge Manglona told IPI that it would be placed in receivership and its assets liquidated if it failed to pay the remaining back wages of current employees and the consent judgment in the next 30 days.
The judge ordered IPI, IPI Holdings Limited and IPI chairwoman Cui Li Jie to pay the current employees’ remaining back wages, the balance of the consent judgment at $1,182,793, and to create an escrow account to cover future employee payrolls in the amount of $800,000.
