U.S. District Court for the NMI designated judge Frances Tydingco-Gatewood issued today, Friday, a temporary restraining order that prohibits Gov. Benigno R. Fitial from enforcing an executive order declaring a state of emergency for the financially troubled NMI Retirement Fund.
After listening to the counsels' arguments at a hearing that lasted over two hours, Tydingco-Gatewood found that the two unnamed retirees have satisfied the requirements in obtaining the TRO.
The judge ordered the two unnamed retirees to post a $1 bond to satisfy the federal bond requirement.
Tydingco-Gatewood, however, denied the unnamed retirees' request to treat the TRO hearing as a preliminary injunction hearing.
The judge instead set the preliminary hearing for Oct. 2, 2012, at 9am.
Tydingco-Gatewood also considered appointing temporary ad litem trustees for the Fund board in order for the board to have a quorum, reply to the two unnamed retirees' lawsuit, and deal with the day-to-day Fund operations.
Tydingco-Gatewood ordered the two unnamed retirees and the CNMI government to each submit by Sunday at least two to three names as temporary ad litem trustees.
The judge also granted the unnamed retirees' emergency motions to lift stay and to file a second amended complaint.
The two unnamed retirees moved the federal court to lift the court's stay order of their lawsuit that has been in effect since Jan. 25, 2010.
More details to follow.