THE federal court has granted the request of 11 plaintiffs for a writ of execution against the money in CNMI bank accounts of Mohammed Nurul Bhuiyan, operator of Island Protective Service.
Chief Judge Ramona V. Manglona of the District Court for the NMI last week ordered the clerk of court to issue the writ of execution to the U.S. Marshals Service for the seizure of Bhuiyan’s money or currency held at the First Hawaiian Bank, Bank of Hawaii, and Bank of Guam, in the amount not to exceed $229,200.
On June 17, 2022 the writs were issued to the three banks.
On Sept. 6, 2019, civil judgments in the total amount of $206,362, plus post-judgment interest at the rate of 1.75% per annum, along with costs were entered by the court in favor of the 11 plaintiffs against the defendant.
Attorney’s fees and costs were subsequently assessed at $15,850.
The plaintiffs, through attorney Mun Su Park, told the court that of the entire amount, only a total of $2,000 was paid by the defendant.
At least $229,200, inclusive of post-judgment interest to date, remains unsatisfied, Park said.
In his notice of writ of execution against Bhuiyan, Park asked the defendant to file an exemption “if there is property in your bank account that belongs to another person or that you own with another person.” Park said Bhuiyan should “notify that person so that he/she can file a property claim or other legal papers with the court to prevent his/her property from being taken or sold at a United States Marshal’s sale to satisfy your debt.”
The plaintiffs are Shomon Ullah Monshi, Syful Islam, Nasir Uddin, Mohammed M. Billah, Abdullah Al Mamun, Abdullah Al Mahamud, MD Rabi Ullah, Maksudur Rahman, Amir Rasool, Hemayet Hossen, MD Shahidul Islam, Billal Hossen Sarkar, and MD Solaiman.
They sued Bhuiyan and Island Protective Service for violations of the minimum wage and overtime provision of the Fair Labor Standards Act, breach of contract, breach of implied covenant of good faith and fair dealing, unjust enrichment, and fraud.
The plaintiffs sought an award of damages and reasonable legal fees.
After a bench trial in 2019, the complaints of Rasool and Uddin were dismissed with prejudice.
The court also dismissed six of the seven causes of action with only the violation of FLSA claims remaining.
According to the complaint, Bhuiyan compensated the security guards, who are mostly Bangladeshi nationals, for their work for only $3.50 an hour and $4 per hour after May 2017.
The security guards said they regularly worked shifts of 10 hours per day and worked overtime for which they were not compensated.
As operator of Island Protective Service, Bhuiyan also required the security guards to pay for their immigration petition filing fees, the lawsuit stated.
