Seizure of some IPI assets OK’d
The U.S. District Court for the NMI has ordered that a writ of execution be issued to the U.S Marshals Service so it could seize Imperial Pacific International (CNMI) LLC’s vehicles, the two crystal dragons that hang over the casino’s lobby, and more. The writ has force to be executed immediately.
Last Wednesday, District Court for the NMI Chief Judge Ramona Manglona denied IPI’s motion for leave to file a late opposition in response to plaintiff Joshua Gray’s application for writ of execution, paving the way for the issuance of the writ to authorize the seizures.
Once the clerk has issued the writ of execution to the U.S Marshals, they are immediately given authority to seize IPI’s property. It remains unknown whether the District Court clerk has already issued the writ of execution, but compared to previous writs issued by the court, the U.S. Marshals Service usually executes seizures within a few days after a judge issues its order.
Gray, IPI’s former director of operations, won his discrimination lawsuit against the casino investor and applied for a writ of execution to authorize the seizure of IPI’s properties to satisfy the $5,686,182.20 judgment against the casino investor.
In denying IPI’s motion, Manglona approved Gray’s application and ordered the court clerk to issue a writ of execution for the seizure of IPI’s personal properties, specifically vehicles, liquor, crystal dragons, computer hardware, furniture and equipment, and casino-related security equipment.
After the Marshals Service executes the writ and seizes IPI’s property, IPI may file any exceptions within 14 days, Manglona said.
According to court documents, after Gray triumphed in his lawsuit against IPI back in May, the court allowed Gray to participate in the limited receivership proceedings last June to satisfy the over $5-million judgment granted in his favor.
However, last July, Gray filed his application for writ of execution against IPI’s personal property so that it can be sold in an auction to satisfy judgment awarded him in his suit.
“The total resale value of these assets will likely not exceed the value of plaintiff’s judgment; and, if the funds from the sale are sufficient to pay the judgment, then the further sale of IPI’s assets may be stopped,” the application stated.
He also requested the court to order IPI to maintain any required registrations and insurance for all of the assets identified, and any other personal property, and maintain these items in good condition.
Gray sued IPI on the grounds of wrongful termination in violation of public policy (immigration violations), wrongful failure to hire, and intentional infliction of emotional distress. He then filed a motion for default judgment in the amount of over $20 million.
Gray, through his lawyer, Bruce Berline, claims that he is entitled to compensatory damages of back pay, front pay, lost future earnings/reputational harm, emotional distress, punitive damages, pre- and post-judgment interest, and attorneys’ fees and costs.
Gray requested back pay damages of $464,083.00, front pay damages of $1,475,685.00, and emotional distress damages of $2 million.
In addition, he asked that the court to grant him punitive damages that is seven times the amount of compensatory damages he is asking for, which would have been roughly $27,578,376. The court instead granted him a judgment in the amount of $5,686,182.20.
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