CHIEF Judge Ramona V. Manglona of the District Court for the NMI for the second time extended the expiration of the temporary restraining order she issued against the Commonwealth Casino Commission.
She extended the TRO to July 8 at 12 noon based on the “joint stipulated motion to stay briefing on plaintiffs’ motion filed by the Commonwealth Casino Commission, and plaintiffs Best Sunshine International Ltd. and Imperial Pacific International LLC.
For good cause shown, Judge Manglona said, “the TRO issued by the Court on May 23, currently set to expire on June 8, 2022, is hereby extended for a period of 30 days to expire on Friday, July 8, 2022, at 12 p.m.”
“Pursuant to Federal Rule of Civil Procedure 65(b)(2), the Court extends this TRO based on the parties’ representation that they have made significant progress toward settlement and require additional time to finalize the terms of an agreement in principle and to enter a comprehensive settlement agreement memorializing those terms, to allow them time to resolve this matter without proceeding to an order to show cause hearing for a preliminary injunction,” the judge added.
She also ordered that the briefing on the plaintiffs’ complaint and emergency motion for TRO and order compelling arbitration, including the time for the defendant to file its opposition to the plaintiffs’ motion and for the plaintiffs to file their reply, is stayed for a period of 30 days.
“The stay shall remain in place until (a) either of the parties notify this court that efforts to enter a settlement have failed and requests that a new briefing schedule and show cause hearing be set by this court; or (b) the parties request with good cause shown to further extend the stay; or (c) plaintiffs file a motion to dismiss their complaint,” the judge said in her order.
She scheduled a status conference for Friday, July 1, 2022, at 9: a.m., and ordered the parties to appear. Off-island counsel may appear by video-teleconference and are directed to the clerk’s office for further instructions.
The judge vacated the order to show cause hearing scheduled for June 6.
The federal court last week granted the motion of Best Sunshine and IPI and issued a temporary restraining order against the Commonwealth Casino Commission preventing it from holding a hearing on May 24-25 to revoke IPI’s exclusive casino license.
Best Sunshine and IPI have stated that by the end of May 2022, IPI “will begin receiving an infusion of $150 million of capital that will allow it to meet its obligations to its creditors, resume operations, and restart construction.”
IPI said it recently signed a memorandum of understanding with IH Group to provide that capital.
Attorneys Samuel Salyer, and Kevin Abikoff represent Best Sunshine and IPI while the casino commission is represented by Assistant Attorneys General Alison Nelson and Keisha Blaise.
