FirstNet Insurance Co., represented by attorney Richard W. Pierce, told the federal court that his client should not have had to bring this motion to compel discovery.
“All parties have a duty to comply orderly and timely with discovery. The parties are working under a case management order and delay, particularly delay for no substantial reason, is not acceptable,” said Pierce, adding the motion is not seeking sanctions, but is requesting fees.
Zheng Rui Brother Corp. through attorney Ramon K. Quichocho said FirstNet’s motion to compel is premature.
Counsel for both parties, Quichocho said, have not met and conferred on all the issues that FirstNet now brings before the federal court.
His client’s delay, disclosure, response or objections was substantially justified because Zheng Rui’s sole representative, Zheng Biao, was out of the CNMI for an extended and unanticipated period of time, Quichocho said.
The lawyer also cited that Biao can only communicate with him through a Chinese-speaking interpreter “which makes it more difficult to arrange meetings and form responses.”
Quichocho said the motion to compel discovery should be denied.
Last month, federal Chief Judge Ramona V. Manglona denied the motion to quash the subpoena on City Trust Bank to produce records of Zheng Rui or Biao as requested by FirstNet Insurance.
“To the extent possible in this litigation, [FirstNet Insurance] shall safeguard the confidentiality of the documents produced in response to the subpoena. Should residual privacy concerns remain, the court encourages the parties to negotiate a stipulated protective order for the court’s consideration,” Manglona ordered.
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, said the allegation that he intentionally set his store on fire was “not funny.”
FirstNet Insurance is asking the federal court to determine its rights and obligations under the policy, valued at $405, 346.
Zheng Rui valued its loss at $404, 718.53, and is claiming fire insurance.
Zheng Rui, however, failed to present documentation supporting its valuation, according to court records.
