Munson, in his two-page order, said: “Given the wide scope of relief sought, and the apparent lack of imminent peril to the…Retirement Fund, and the court’s desire to be fully informed on all aspects of this lawsuit and the relief sought…it is ordered that [the] plaintiffs’ motion for an expedited hearing is denied until all parties have answered,”
Jorgensen, on behalf of retirees identified as Jane Doe and John Roe, has sued Gov. Benigno R. Fitial, acting Fund Chairman Pedro Q. Dela Cruz, Fund trustees Sixto K. Igisomar and Adelina C. Roberto, acting Finance Secretary Robert Schrack, and U.S. Attorney General Eric Holder.
All were named as defendants in their official capacities.
Jorgensen also named as defendants the Fund’s trustees, the CNMI Department of Finance, the United States of America and CNMI Does 1-95 in their official and personal capacities.
Munson said Jorgensen can file another motion for an expedited hearing once all of the parties named in the case have answered.
“Once that has occurred, [the] plaintiffs may renew their request for an expedited hearing schedule and the court will enter an order giving all parties sufficient time to respond in full,” the judge said.
Jorgensen first filed the case in June. A first amended complaint was filed this month naming all the defendants.
Subsequent motions were filed including that of a request to appoint a federal equity receiver who will oversee the operations of the Retirement Fund.
The Retirement Fund won by default its lawsuit against the CNMI government.
The CNMI Superior Court ordered the government to pay the Fund $231 million in unpaid contributions as of April 2009.
The administration, however, wants the Fund to be paid based on the cash-strapped government’s available resources.
