THE District Court for the NMI has not scheduled a hearing for Imperial Pacific International’s second motion for a temporary restraining order to stop the Commonwealth Casino Commission’s revocation hearing set for April 2.
Instead, the court issued a notice on Thursday stating that “Plaintiff’s Second Emergency Motion for Temporary Restraining Order will be decided on the briefs ….”
Moreover, according to the notice, “Responses to Plaintiff’s Second Emergency Motion for Temporary Restraining Order are due March 29, 2024.”
No other information was available regarding IPI’s second TRO motion.
IPI, through attorney Michael Chen, requested the District Court for the NMI to issue an order restraining CCC from deliberating and voting on the charges filed by its executive director to revoke IPI’s casino license.
IPI also asked the court to set an early hearing on whether the TRO should be converted into a preliminary injunction.
The emergency TRO named Gov. Arnold I. Palacios, CCC Chair Edward C. Deleon Guerrero, Commissioner Rafael S. Demapan, Commissioner Ramon M. Dela Cruz, Commissioner Mariano Taitano, Commissioner Martin T. Mendiola and Executive Director Andrew Yeom as defendants in their personal and official capacities.
“This relief is necessary to preserve the status quo pending adjudication of IPI’s important claims (presently pending in this court),” Chen said.
In January, IPI filed two lawsuits against the governor and the CCC officials alleging breach of casino license agreement. Amid ongoing settlement negotiations with CCC, IPI asked the federal court to dismiss the lawsuits without prejudice. The court granted the request.
In late February, after IPI’s settlement proposal was rejected by the governor, it refiled the two lawsuits against Palacios and CCC officials.
IPI sued the defendants for unconstitutional impairment of contract, violation of the contract clause of the U.S. and CNMI constitutions, violation of the takings clause of the U.S. Constitution, violation of the due process clauses of the U.S. and CNMI constitutions, and breach of the casino license agreement (1:24-cv-00001).
IPI also sued the defendants for violation of Article IV of the CNMI Constitution (1:24-cv-00002).
In a new motion filed in court Thursday, IPI asked for an entry of default in case 1:24-cv-00002.
According to Chen, “Defendants Commonwealth of the Northern Mariana Islands; Rafael S. Demapan, Vice Chairman of CCC, in his official and personal capacities; Mariano Taitano, Commissioner of CCC, in his official and personal capacities; were personally served with the summons and complaint in this matter on March 4, 2024.”
“More than 21 days have passed since these three defendants were served with the summons and complaint, and neither of them have served a responsive pleading or filed a motion within the time provided by Rule 12(a) of the Federal Rules of Civil Procedure,” Chen said.
Variety was unable to get a comment from CCC.
