Saipan Tribune

Wednesday, May 22, 2013

Friday, January 25, 2013

CPA no longer pursuing motion to hold Razzano in contempt

Former judge Bellas starts holding hearing in Fund lawsuit

The Commonwealth Ports Authority is no longer interested in pursuing its motion to have NMI Retirement Fund trustee ad litem Joseph C. Razzano held in contempt.

CPA counsel Robert T. Torres yesterday informed Superior Court judge pro tempore Timothy H. Bellas about CPA's plan to resolve the issue of its motion for an order to show cause.

Bellas, took CPA's motion off calendar and set a status conference on March 20 at 10am.

At the status conference, the judge pro tempore wants to see among other things, the status of the pending motions for writ of mandamus and prohibitions by the CNMI government before the CNMI Supreme Court and any rulings on that as well as any other issues on post judgment enforcement.

As all Superior Court judges recused, Bellas is now handling the Fund's lawsuit against Gov. Benigno R. Fitial and the CNMI government.

Last month, CPA filed the motion to hold Razzano in contempt for allegedly ignoring court orders and failure to comply with Public Law 17-82.

Public Law 17-82 allows Fund members to withdraw the full amount of their contributions without separating from the government.

CPA alleged that Razzano has failed to report to Superior Court on efforts to collect on the judgment and has refused to update the court and all parties in this lawsuit about the Fund's financial status.

Torres told Saipan Tribune shortly after the brief hearing yesterday that very recently, Razzano has finally started filing documents and pleadings and information with the Superior Court.

“This is a good thing. So in light of the attention to the parties here in the Superior Court, CPA finds it appropriate to take the motion off calendar and refocus the attention on the efforts to collect and satisfy the judgment and that includes any post judgment hearings and if possible, any settlement discussions,” he said.

Torres stressed that ultimately CPA is interested to have the judgment satisfied so that its contributions would be invested and its retirees and members' interests are protected.

In 2009, Superior Court associate judge Kenneth Govendo ruled that the CNMI government owes the Fund $282 million in damages and that the law suspending government contributions to the Fund is unconstitutional.