THE District Court for the NMI on Thursday granted Imperial Pacific International’s motion to extend time to file its opposition to the CNMI government’s motion to dismiss IPI’s lawsuits against the Commonwealth Casino Commission and Gov. Arnold I. Palacios.
But in the same order, designated Judge David O. Carter denied IPI’s request for an extension of time to file a motion for leave to file a second amended complaint.
In his order, the judge said the court finds that there is no evidence of bad faith on IPI’s part, and that there would be no prejudice to adverse parties if the court were to grant the extension.
As such, the order stated, the court grants IPI’s motion for extension of time to file its opposition to the CNMI government’s motion to dismiss IPI’s lawsuit.
IPI must file its opposition by May 17, 2024, the judge said.
In denying IPI’s request for an extension of time to file a motion for leave to file a second amended complaint, the judge said “neither the Federal Rule of Civil Procedure 14(a)(2) nor this district’s Local Rules impose a deadline to file a motion for leave to file a second amended complaint. As such, the motion is denied as to this aspect.”
Judge Carter said if IPI “decides to file a motion for leave to amend its first amended complaint, the court will consider [the] motion when it is properly before the court.”
In February, IPI, through attorneys Stephen J. Nutting and Michael Chen, refiled its two lawsuits against CCC Chairman Edward C. Deleon Guerrero, Vice Chairman Ralph S. Demapan, Commissioners Martin Mendiola, Mario Taitano, Ramon S. Dela Cruz, Executive Director Andrew Yeom and the governor, alleging breach of the casino license agreement.
IPI also sued the CNMI government for unconstitutional impairment of contract, violation of the contract clause of the U.S. and CNMI constitutions, violation of the takings clause of the U.S. Constitution, violation of the due process clauses of the U.S. and CNMI constitutions, and breach of the casino license agreement.
IPI said it was not given due process when CCC deliberated on the revocation of IPI’s exclusive casino license for, among other things, its failure to pay regulatory and license fees to CCC and the CNMI government amounting to $79.63 million.
Last month, IPI Director Howyo Chi, through attorney Charles McDonald, filed a petition for Chapter 11 bankruptcy in federal court, saying it owes creditors over $165.8 million.
