FOR failing to comply with a previous discovery order in a discrimination lawsuit, the federal court has ordered Imperial Pacific International LLC to show cause in writing why the court should not impose a $2,000 per day sanction on IPI until it complies with the court order.
Joshua Gray sued IPI over allegations of discrimination based on race and retaliation for his complaints about its employment practices.
Gray has asked the court to issue an order awarding him damages and other relief as the court deems appropriate.
In a recent status report, Gray, who is represented by attorneys William Fitzgerald and Bruce Berline, notified the court of IPI’s failure to comply with the discovery order.
The plaintiff has moved the court to impose further sanctions or to issue a show cause order for IPI’s failure to comply with the court order.
District Court for the NMI Chief Judge Ramona V. Manglona, in her order on Feb. 24, 2021, noted that to date, IPI had only provided the plaintiff with the 2018 list of employees to be terminated and amended declarations of former IPI chief executive officer Donald Browne and human resources manager Redie Dela Cruz.
She ordered IPI to show cause in writing no later than March 1 why the court should not 1) enter an order finding IPI in civil contempt for failure to comply with the court’s discovery order; 2) order IPI to immediately produce all documents requested in the discovery order; 3) order IPI to pay a fine of $2,000 per day until it fully complies with the discovery order; 4) direct an entry of default against IPI; and 5) order that the defendant pay the plaintiff’s attorneys’ fees and costs caused by IPI’s disobedience and for having the plaintiff file the status report.
The court scheduled a hearing for March 4, 2021 at 1:30 p.m.
Previously, Judge Manglona granted the plaintiff’s motion to compel IPI to produce the 2018 list of IPI personnel to be terminated by 12 noon on Feb. 4.
The court also ordered IPI to produce all non-electronically stored information discovery materials that are responsive to the plaintiff’s document requests, including all visa applications for any applicant applying for such visas for an IPI director position and above, from Feb. 1, 2015 to Feb. 28, 2019.
Judge Manglona warned IPI that failure to comply with the court’s discovery order could result in more severe sanctions, including an entry of default.
The federal court earlier dismissed three of Gray’s four allegations in his previous complaint.
Following that dismissal, Gray filed a second lawsuit and provided additional details that led to the termination of his employment with IPI, which is represented by attorney Stephen Nutting.
