In a notice to the litigants, Chief Judge Sidney R. Thomas offered professional mediation services to the parties, “at no cost, to help resolve disputes quickly and efficiently and to explore the development of more satisfactory results than can be achieved from continued litigation.”
IPI is appealing the recent decision and order of District Court for the NMI Chief Judge Ramona V. Manglona who found IPI in breach of promissory note with its former contractor, Pacific Rim Land Development LLC.
On May 29, 2020, the Ninth Circuit said the mediation questionnaire from IPI is due on June 5, 2020. The opening brief is due on Sept. 8, while the reply brief of Pacific Rim is due on Oct. 8.
Failure of IPI to comply with the time schedule order will result in the automatic dismissal of the appeal, the Ninth Circuit stated.
Chief Judge Thomas said the first step in the mediation process is case selection. To assist the mediators in the case selection process, appellants/petitioners must file a completed mediation questionnaire within seven days of the docketing of the case.
“In most cases, the mediator will schedule a settlement assessment conference, with counsel only, to determine whether the case is suitable for mediation. Be assured that participation in the mediation program will not slow down disposition of your appeal. Mediation discussions are not limited to the issues on appeal. The discussions can involve other cases and may include individuals who are not parties to the litigation, if doing so enables the parties to reach a global settlement,” Chief Judge Thomas said.
Last week, Judge Manglona issued an order granting the second motion of IPI to shorten time to hear its motion to stay or suspend the execution of the judgment amounting to $6.8 million, including interests and attorney’s fees. She scheduled the hearing for June 4, 2020 at 9:30 a.m.
The federal court recently entered a civil judgment in favor of Pacific Rim in the principal amount of $5.65 million against IPI.
Pacific Rim, through attorney Colin Thompson, has requested the federal court to issue a writ of execution that will direct the U.S. Marshals Service to seize money owned or controlled by IPI from Bank of Saipan, City Trust Bank, Bank of Guam, and First Hawaiian Bank to satisfy the previous court order.
IPI attorney Michael Dotts, in his motion to stay execution of judgment pending appeal, stated that “if the judgment becomes enforceable while the appeal is pending, IPI will be unable to pay it, and will likely close permanently.”
No writ of execution was issued by the court as of press time Wednesday.
Pacific Rim sued IPI for breach of contract for refusing to pay for services in the amount of $5.65 million.
