JOSHUA Gray, an ex-employee who recently won his discrimination lawsuit against Imperial Pacific International LLC., has asked the federal court to allow him to join the limited receivership proceedings.
On May 30, 2023, the District Court for the NMI granted Gray a default judgment against IPI. The following day, May 31, the court entered a judgement awarding Gray $5,686,182.20 against IPI.
Gray, represented by attorney Aaron Halegua, told the court that the parties dispute whether Gray joining the limited receivership in USA Fanter Corporation v. IPI would be barred by Rule 62(a). However, they acknowledge that the rule’s text empowers the court to grant exceptions to the automatic stay.
“As Gray is now a judgment creditor, IPI withdraws its opposition to the motion and the parties agree that even if Rule 62(a) technically bars Gray’s motion, it is proper for the court to permit Gray to join the limited receivership,” Halegua said.
According to the parties, their joint stipulation shall not be construed as a waiver by IPI of any other rights or as IPI’s consent to any other execution efforts or enforcement proceedings that would otherwise be stayed pursuant to Rule 62(a).
The parties are jointly requesting that the court grant Gray’s motion to participate in the limited receivership.
On Oct, 26, 2021, Chief Judge Ramona V. Manglona appointed Clear Management as receiver for the purpose of selling IPI’s gaming equipment to satisfy a judgment awarded to USA Fanter Corporation Ltd.
USA Fanter sued the casino investor 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.
The United States Courthouse in Gualo Rai, Saipan.
