9th Circuit drops IPI’s appeal

All court actions filed by IPI, IPI subsidiaries, CCC also dismissed

The U.S. Court of Appeals for the Ninth Circuit has dismissed Imperial Pacific International (CNMI) LLC’s appeal of the U.S. District Court for the NMI’s ruling that allowed the Commonwealth Casino Commission to disclose IPI’s confidential income tax information.

As this developed, U.S. District Court for the NMI Chief Judge Ramona V. Manglona dismissed yesterday in its entirety all the court actions filed by IPI, its two subsidiaries, and CCC.

In an order Friday, the Ninth Circuit dismissed IPI’s appeal as per to the stipulated agreement filed by IPI and CCC. The Ninth Circuit said the parties shall bear their own costs and fees.

In an order yesterday, pursuant to the parties’ stipulation or agreement Manglona dismissed with prejudice all the court actions by IPI, IPI subsidiaries Grand Marianas (CNMI) LLC and Imperial Pacific Properties LLC, and CCC.

That means the parties can no longer re-file their court actions.

Each party shall bear its own attorney’s fees and costs.

Manglona dismissed IPI’s lawsuit against CCC; IPI’s subsidiaries as intervenors in IPI’s lawsuit against CCC; and CCC’s counterclaim against IPI.

Last Aug. 26, the Ninth Circuit denied IPI’s motion to stay the U.S. District Court for the NMI’s preliminary injunction order that allowed CCC to disclose IPI’s confidential income tax information that is the subject of a legal dispute.

Last Aug. 6, U.S. District Court for the NMI Chief Judge Ramona V. Manglona ruled that IPI and its subsidiaries have not met their burden for a preliminary injunction.

IPI and its subsidiaries have asked the federal court to prevent the disclosure of unredacted financial statements because, in their view, those statements contain confidential information protected from disclosure by the CNMI tax code and the Open Government Act, and by guarantees of privacy in the U.S. and Commonwealth constitutions.

IPI filed a petition for preliminary injunction prohibiting CCC from releasing the unredacted financial statements while this case is pending.

Last July 12, Grand Marianas and IPP filed as intervenors in IPI’s lawsuit against CCC, alleging various causes of action against the CCC related to the public availability of the information provided by IPI to the CCC pursuant to the order which Commonwealth law specifically declares not confidential.

Last July 24, CCC, through the Office of the Attorney General, filed a counterclaim in federal court against IPI.

CCC asked the District Court that if the CCC is determined by the court to be liable for releasing information of IPI’s subsidiaries, IPI should indemnify CCC.

Ferdie De La Torre | Reporter
Ferdie Ponce de la Torre is a senior reporter of Saipan Tribune. He has a bachelor’s degree in journalism and has covered all news beats in the CNMI. He is a recipient of the CNMI Supreme Court Justice Award. Contact him at ferdie_delatorre@Saipantribune.com

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