ATTORNEY Aaron Halegua has asked the federal court to issue an order to show cause against Imperial Pacific International LLC Chairwoman Cui Li Jie for failing to comply with an order directing her to make a forensic copy of her cell phone data.
On March 31, 2021, Chief Judge Ramona V. Manglona of the District Court for the NMI ordered Cui to make a forensic copy of her cell phone and cell phones that she used or had used since March 26, 2020.
The judge also directed the IPI chairwoman to include all data from her WeChat account and preserve all other electronically stored information or ESI within 14 days from the issued order.
In addition, the IPI chairwoman’s attorney must file a certification with the court that describes the search to identify any ESI data, details the ESI data that exists, and affirms that a forensic copy of any cell phones, including WeChat data, has been made and that all other ESI data has been preserved.
In a 12-page motion filed on Tuesday, Halegua told the court that on April 13, Cui’s attorney, Juan T. Lizama, filed a certification which included a declaration of the IPI chairwoman’s translator, How Yo Chi’s.
However, Halegua said, the certification does not describe “the search to identify any ESI data…”; does not “detail the ESI data that exists…”; and does not “affirm that a forensic copy of any cell phones, including WeChat data, has been made.”
He said, “The mobile phone copied by Ms. Cui included zero phone calls, zero messages, zero emails, and only a single contact.”
According to Halegua, “The simple truth is that Ms. Cui has not satisfied the order’s clear mandate to file a certification describing the search for any ESI Data, identifying all available ESI Data, and affirming that such ESI Data was preserved.”
Moreover, he said, despite the plaintiffs’ numerous attempts to resolve these issues without court intervention, “Ms. Cui has refused to describe the ESI that she uses/creates or to offer any explanation for the implausibly miniscule amount of data that appears to be on her phone.”
Halegua said the “plaintiffs support the court scheduling a hearing, but for the purpose of holding Ms. Cui in contempt and imposing appropriate sanctions.”
He said the order should provide Cui an opportunity to respond and set a hearing date.
“Given the risk that any ESI Data will be manipulated or lost, particularly in light of Ms. Cui’s demonstrated bad faith up to this point, plaintiffs request that the hearing date be soon,” Halegua said.
Halegua and attorney Bruce Berline represent the plaintiffs: Tianming Wang, Dong Han, Yongjun Meng, Liangcai Sun, Youli Wang, Qingchun Xu, and Duxin Yan.
They are seeking $3.86 million in compensatory damages and $7.72 million in punitive damages.
The plaintiffs are construction workers who have made forced labor and trafficking allegations against IPI and its former contractors, MCC International and Gold Mantis.
IPI is the only remaining defendant in the lawsuit after the plaintiffs reached separate settlement agreements with the contractors.
Aaron Halegua
