Attorney Bruce L. Jorgensen, who is representing “Jane Roe” and “John Doe,” said Gov. Benigno R. Fitial’s opposition to lift stay order on the proceedings filed through the CNMI Attorney General’s Office equates to three words: “delay…delay…and… delay.”
In his reply to the CNMI’s opposition, Jorgensen said “it must be surmised and expected that neither the Fund nor its present counsel including Mr. [Braddock] Huesman will object to the prospective appointment/designation” of former Chief Judge Alex R. Munson if the retired judge “might express willingness to so participate.”
Jorgensen noted that Huesman, in his May 25, 2011 opposition, described the lawyer for the two anonymous retirees “as having `a well-documented, if not well known, history of insulting this court in general, and Judge Munson in particular.”
Fitial, in his official capacity, responded through Assistant Attorney General Meaghan Hassel-Shearer, saying there are outstanding motions before the United States Court of Appeals for the Ninth Circuit “that directly affect this case.”
Therefore, Hassel-Shearer argued, “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.”
Through Jorgensen, the anonymous retirees sued Fitial and officials of the Retirement Fund in their official capacities, to place the pension agency under federal receivership.
The federal court has ordered that there will be a hearing June 30, 2011 on Jorgensen’s motion to convene status conference and his motion for an order lifting the stay of proceedings before Designated Judge A. Wallace Tashima.
Munson is being considered as a possible federal receiver, since the U.S. District Court for the NMI is requested by the anonymous retirees to “appoint and designate as a federal equity receiver in this proceeding, a person knowledgeable as to the issues and considerations here so present and critical.”
Jorgensen also proposed a U.S. Court of Appeals justice, “prior to the person’s subsequent and current retirement, or transition to senior status within the federal judiciary.”
