CHIEF Judge Ramona V. Manglona of the District Court for the NMI found former Imperial Pacific International LLC chairwoman Lijie Cui in contempt, again, for failing to comply with a previous preservation order.
At the show cause hearing on Wednesday morning, Judge Manglona ordered Cui to “tender the desktop computer she uses” so that a forensic copy can be given to the plaintiffs’ attorney.
The judge also encouraged the parties to confer on how the transfer of the desktop forensic copy will be conducted.
Cui was given five days to file an amended sworn statement regarding her Electronically Stored Information or ESI that she created or used, including emails, and ESI data sent or received by others on her behalf.
The judge instructed Cui to include the identification of people who acted on her behalf as IPI chair in conveying communication.
In addition, Cui was ordered to provide proof of purchase of her rose gold iPhone, and to immediately tender all remaining SIM cards.
She must also file with the court within two weeks a sworn statement from the vendor affirming the imaging of all devices and the Wechat account data that was preserved.
Failing to comply will result in daily sanctions amounting to $1,000 per day to be paid to the court.
“Ms. Cui’s counsel are to file a certification of her compliance within 15 days,” the judge said.
A status conference was scheduled for Oct. 4 at 8:30 a.m. but will be vacated if the court’s order has been complied with.
The judge also granted the plaintiffs’ request for attorney’s fees and costs, adding that she will issue a written order.
Cui is a third-party witness in the lawsuit of seven construction workers against IPI and its former contractor and subcontractor, MCC International and Gold Mantis Construction Decoration, both of which have already settled with the plaintiffs: Tianming Wang, Dong Han, Yongjun Meng, Liangcai Sun, Youli Wang, Qingchun Xu, and Duxin Yan.
Their lawsuit alleged labor and other violations, including human trafficking.
In a recent motion filed in court, the plaintiffs’ attorney Aaron Halegua reiterated his previous request to the court to find the former IPI chair in contempt for failing to comply with a preservation order.
On Feb. 23, 2021, Judge Manglona found Cui in contempt for disobeying the court’s discovery orders.
On March 31, 2021, the court issued an amended order directing Cui to identify and preserve all ESI data that she used or created since March 26, 2020.
On June 30, 2021, the court ordered Cui to explain why she should not be held in contempt again.
At the hearing on Wednesday, attorney David Lujan of Guam represented Cui. Also appearing on behalf of Cui were attorneys Clyde Lemons (via video conference) and Joey San Nicolas.
Attorney Bruce Berline, Halegua’s co-counsel, represented the plaintiffs.
Also attending the hearing were IPI chief executive Ray Yumul and vice president for public affairs Tao Xing who also served as Cui’s interpreter in the proceedings
For its part, IPI was represented by attorneys Michael Dotts and Kevin Abikoff.
In a previous order Judge Manglona entered a $5.4 million default judgment in favor of the plaintiffs against IPI.
The judgment remains unsatisfied, and this is the reason why all ESI data held by the former IPI chair remain relevant to the proceedings, Judge Manglona said at the hearing on Wednesday.
Lijie Cui
