THE Superior Court on Tuesday issued another temporary restraining order preventing the Office of the Attorney General from enforcing subpoenas to obtain Rota businesswoman Abelina Mendiola’s confidential banking information.
Associate Judge Joseph N. Camacho also scheduled for Thursday, Feb. 15, 2024, at 10 a.m., a motion/evidentiary hearing on Mendiola’s petition for a preliminary injunction.
The judge gave the OAG until 12 noon today, Feb. 14, 2024, to file a written opposition to the TRO, and Mendiola’s reply, if any shall be due at 9 a.m., on Thursday.
Mendiola is the principal of DFS Enterprises and one of the officials of Luta Mermaid LLC, the owner of the controversial MV Luta, which owes the CNMI government $400,000.
She has filed two separate civil complaints against the OAG for the subpoenas issued against her.
On Feb. 9, Judge Camacho granted her motion for TRO in Civil Action No. 24-0034.
The second motion for TRO that the judge granted is for Civil Action No. 24-0033.
According to Judge Camacho’s orders, the court finds that Mendiola and DFS Enterprises will suffer injury if the OAG enforces the subpoenas because the plaintiffs have constitutional and statutory privacy interest in their banking information. “This injury is irreparable, and no monetary award will make plaintiffs whole once the information is released because once private information is revealed such action cannot be undone,” the judge added.
He said the OAG, for its part, will not suffer harm if the requested information is not released pending full and proper determination of the merits of the plaintiffs’ petition.
According to Mendiola’s lawyer, Keith Chambers, the subpoenas are null and void and have no legal force and effect.
Chambers added, “The subpoenas are not relevant or admissible because there is currently no criminal case to which they can be relevant or admissible.”
He said “the subpoenas also do not articulate what specific crime or crimes allegedly took place.”
Chambers said it is clear that the OAG is using the subpoenas to go on a “fishing” expedition.
