IPI: relief not necessary today

Despite previously asking U.S. District Court for the NMI designated judge David O. Carter to rule on its emergency request for a temporary restraining order by today, April 2, Imperial Pacific International (CNMI) LLC informed the court that relief is not necessary today as the Commonwealth Casino Commission has rescheduled its deliberation on the revocation of IPI’s exclusive license to April 9.

Last week, IPI filed its second motion for a temporary restraining order to stay CCC’s revocation proceedings which was supposed to enter the deliberation phase today.

However, CCC filed a notice with the court yesterday stating that commission has voted to schedule the deliberation for April 9 instead.

“On March 28, the commission held its regular monthly meeting. In the meeting, the commission members voted to schedule April 9, as the date to deliberate and make a decision on the revocation hearing involving the exclusive gaming license held by IPI. The agenda for the March 28 meeting indicated an April 2 date for deliberation and decision on the casino license revocation hearing. The April date was on the agenda as a proposed date for the deliberation and decision. The commission did not notify IPI that April 2 was the date for the deliberation because it was an agenda item to be voted upon. Notably, when the issue was voted upon during the March 28 meeting, the commission decided to schedule the deliberation for April 9, instead of the proposed April 2, date in view of the uncertainty related to IPI’s second motion for a temporary restraining order pending before the court,” said CCC.

IPI, for its part, filed its own notice stating that if CCC confirms that deliberation will be held on April 9, then there is no need for the court to issue a decision today, April 2.

“Should the commissioners confirm with the court that the deliberation and decision will be continued to April 9, it is not necessary for the court to provide the requested relief by April 2. Should the commissioners or an authorized representative of CCC not confirm with the court that deliberation and decision on the license revocation hearing is continued to April 9, IPI would have to assume that the deliberation and decision may still move forward as scheduled since the only written notice about the deliberation and decision date from CCC indicates that the revocation and decision will take place on April 2. As such, IPI would think it is still necessary for the court to grant the requested relief before 9am on April 2,” said IPI’s notice.

Last Wednesday, IPI filed another request for a temporary restraining order to stay the CCC’s revocation proceedings, this time claiming its due process rights will be violated if not granted one.

It was only last Feb. 27 when U.S. District Court for the NMI designated judge David Carter denied IPI’s motion for a TRO against CCC, essentially allowing the commission to move forward with proceedings to revoke IPI’s casino gaming license.

According to a 28-page memorandum in support of the TRO, IPI argues that its due process rights were violated because four of the five CCC commissioners served as the hearing officers in the revocation proceedings (despite oral motions made by IPI that they be disqualified).

In addition, IPI argues that having these hearing officers violates IPI’s due process rights because these commissioners have significant personal interests in the outcome of the proceedings.

IPI also argues that the CCC, with the five commissioners as the voting members for the revocation hearing, is ill-fitted to adjudicate the complex legal issues for two reasons: potential conflict of interests and institutional incompetency and lack of resources.

Because of this, IPI argues that the decision whether to revoke IPI’s casino gaming license should be made by a court.

In addition, IPI claims that if the deliberation proceedings move forward, with all five commissioners as decisionmakers, the revocation of IPI’s license would be a virtual certainty.