U.S. District Court for the NMI designated judge Frances Tydingco-Gatewood wants to first address Gov. Benigno R. Fitial's and co-defendants' motion to dismiss the class action filed by retiree Betty Johnson before hearing other motion.
Tydingco-Gatewood on Friday vacated her previous order that set a hearing on the preliminary injunction for Tuesday, Oct. 2.
The judge will hear the motion to dismiss on Oct. 30 at 10am.
“The parties should bear in mind that late filings will not be considered by the court,” Tydingco-Gatewood said.
On Tuesday, Tydingco-Gatewood will still conduct a hearing so that the MMI Retirement Fund's trustee ad litem Joseph C. Razzano can report on the status and his findings so far.
The judge said there is a good cause to extend the Temporary Restraining Order until the court resolves the motion to dismiss.
Tydingco-Gatewood said until the court rules on the preliminary injunction, the parties, in particular, Fitial, agreed that no action would be taken to enforce Executive Order 2012-06.
Fitial issued E.O. 2012-06 that declares a state of emergency for the Fund.
On Sept. 10, 2012, Tydingco-Gatewood issued the TRO that prohibits Fitial from enforcing the executive order.
Johnson named as defendants Fitial, Fund trustees Adelina C. Roberto and Nacrina Barcinas, former Fund administrator Richard S. Villagomez, acting Finance secretary Larissa Larson, the CNMI government, Finance, Fund, and the Fund Board of Trustees.
Johnson is suing the defendants for breach of contract, violation of the U.S. and CNMI Constitutions, violation of due process, deprivation of rights, breach of fiduciary duty, and unjust enrichment.