Manglona heard the arguments of attorneys Colin Thompson who is representing the bank; Ramon Quichocho for Zheng Rui Brother Corp., the defendant, and Richard W. Pierce for FirstNet Insurance Company, the plaintiff.
In his written opposition to motion to quash, Pierce said the service of the subpoena was “adequate” under CNMI law.
FirstNet has a compelling need for the documents, he added, and the bank has not shown that compliance will be burdensome.
The bank’s motion should be denied, Pierce said, adding “the bank should be ordered to comply as soon as possible in order that this proceeding is not delayed.”
But Thompson said the subpoena should be quashed because the documents FirstNet Insurance Company seeks “are private and protected.”
Zheng Rui Brother Corp., moreover, has not met the standard for the production of such documents, Thompson added.
The service of the subpoena was defective, the bank’s attorney said.
Thompson argued that “compliance with the subpoena subjects the bank to undue burden.”
In her declaration, head teller Vivian D. Bernardo said the bank right now is “under staffed.”
Thompson said bank records relating to personal financial information may not be produced by the bank without a court order requiring their production.
The fire at BL Clothing Store, operated by Zheng Rui Brother Corp., was caused by arson as confirmed by a professional in the field who investigated the incident, according to court documents filed by FirstNet Insurance.
James Biao, owner of BL Clothing Store and BL Tailor Shop, earlier said the allegation that he intentionally set his store on fire was “not funny.”
