Visiting Federal Judge William Q. Hayes of the Southern District of California granted the request of attorney Bruce Jorgensen, who is representing Jane Roe and John Doe.
Hayes will hear today the motion to lift the stay of proceedings filed by Jorgensen in federal court.
Jorgensen said the proceedings relate to the court’s determination of the plaintiffs’ pending motion to lift the stay of proceedings, and to “commence forthwith respecting efforts to protect/preserve Fund assets via federal court enforcement/collection/oversight of the outstanding $230 million-plus judgment in favor of the Retirement Fund against the CNMI government, and for related legal and equitable relief as necessary to protect/preserve Fund assets and Fund beneficiaries’ federally protected property interests respecting retirement benefits, Fund assets, the Fund’s continuing viability, etc. (including an equitable accounting).”
Jorgensen said all members of the general public, including Fund beneficiaries/retirees, are permitted to attend the hearing at the U.S. District Court on Saipan.
The Retirement Fund and its board of trustees earlier asked the federal court through attorney Braddock Huesman to impose sanctions on Jorgensen for filing a motion for an improper purpose in violation of the Federal Rules of Civil Procedure.
Jorgensen said in an email: “In typical CNMI [government] fashion, the CNMI-paid lawyer seeks to vilify/sanction the attorney seeking to remedy CNMI-initiated/perpetuated injustices, illicit activities, malfeasance, etc…. Perhaps the only surprising aspect being their wait, until now, to do so. Another seemingly dilatory tactic.”
In his 14-page motion for sanctions filed in federal court, Huesman said plaintiffs John Roe and Jane Roe, despite the stay order, have not stopped “from consistently attempting to continue to litigate the appeal in [federal] court as opposed to the Ninth Circuit.”
Huesman is representing Fund Chairman Sixto Igisomar, former vice chairman Pedro Dela Cruz, and trustee Adelina Roberto.
Gov. Benigno R. Fitial was also named as a defendant in this lawsuit filed by the Roes in federal court to place the Fund under federal receivership.
Fitial, in his official capacity, responded through the Attorney General’s Office, arguing that there are outstanding motions before the U.S. Court of Appeals for the Ninth Circuit “that directly affect this case.”
The Ninth Circuit must be allowed to render a decision on the Retirement Fund board’s immunity prior to this matter proceeding in district court, the AGO stated.
