CLEAR Management Ltd., a court-appointed receiver, through attorney Michael White, has informed Chief Judge Ramona V. Manglona of the District Court for the NMI of the receiver’s intention to hold a negotiated bulk sale of Imperial Pacific International LLC’s property, subject to the court’s approval.
At a hearing on May 31, White told the court and interested parties that auction #5 is scheduled for June 9, and auction #6, will be held in late August or early September.
White said after the sixth auction, “there will be a negotiated bulk sale, subject to the court’s approval.”
Judge Manglona, in the same hearing, granted the receiver’s motion for reimbursement of expenses over IPI’s objection.
She directed the parties, the receiver and IPI, to meet and confer regarding the procedural process that will allow IPI to submit claims.
Judge Manglona suggested the week of July 10 should the parties need an evidentiary hearing.
IPI, through attorney Samuel Salyer, opposed Clear Management’s request to the federal court to issue an order authorizing and directing payment of $27,435.93 for expenses incurred by the receiver from April 1 to 30, 2023.
Salyer informed the court that “in the course of performing activities onsite at the casino resort, Receiver’s agents or parties acting under the receiver’s clear direction and/or supervision caused significant damage to the tile flooring of the casino resort.”
Clear Management caused this damage by operating or allowing the operation of a forklift inside the casino resort without following proper safety protocol, such as laying floor mats before operating heavy machinery on the casino resort’s tile floor, Salyer added.
Notwithstanding its court-ordered responsibility for the custody, auction, and transportation of IPI’s gaming equipment, and its court-ordered access to the casino resort site, Clear Management has denied responsibility for the damage caused to the casino floor, Salyer said.
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 Corp. Ltd.
USA Fanter sued IPI 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.
