Judge Wiseman issues TRO vs two shareholders of Rota fishing firms

The Superior Court has issued a Temporary Restraining Order that prevented two shareholders of two fishing companies on Rota from contacting or attacking the new majority shareholder of the corporations.

Associate Judge David A. Wiseman also ordered the two shareholders—Glenn H. Manglona and his wife Elizabeth C. Manglona—to stay at least 100 yards away from the plant, equipment, and fishing vessels owned by the Northern Marianas Fisheries Inc. and Crystal Seas CNMI Inc. located near the airport on Rota.

In issuing the TRO, Wiseman enjoined the Manglonas from staying at least 100 yards from the office, its equipment and documents of Northern Marianas Fisheries Inc. and Cystal Seas CNMI Inc. located in Songsong, Rota, and the same distance from the residence of the reported majority shareholder, Rockford Lee Zietzke.

According to court documents, Glenn Manglona is currently listed as the registered agent, a director and the vice-president/secretary of both corporations. Elizabeth Manglona is listed as a minority shareholder of the corporations.

Wiseman said the TRO shall expire at the date of the hearing on May 27, 2008, unless extended by the court.

“Violation of this TRO is in contempt of court and punishable by a $100 fine, six months in jail, or both,” the judge emphasized.

The Manglonas have been summoned to appear at the hearing to provide any legal reason why the injunction and TRO should not be granted.

Zietske, Northern Marianas Fisheries Inc., and Crystal Seas CNMI Inc., through counsel F. Matthew Smith, sought for injunction and TRO against the Manglona couple.

The two corporations are operating in the CNMI, with a fish processing plant and corporation offices on Rota.

Smith stated in the petition that the machinery and equipment owned by the corporations at its plant and office are valued at $847,631.

Smith said the machinery and equipment include sensitive freezers, fishing vessels, containers, fish packers, labeling machines, long line fishing equipment, and other computers and office items.

The lawyer said that on May 12, 2008, the president, a director, and the majority shareholder of the corporations resigned and assigned all of his shares and interests in the corporations to Zietske.

On that same day, and in accordance with the laws and bylaws of the corporations, Rockford, as the 81 percent and 65 percent owner, noticed a meeting of the shareholders of each corporation for May 24, 2008, at 1pm and personally delivered a copy of the notice to Glenn and Elizabeth on May 14, 2008, at 5:15pm at the Saipan Airport.

The purpose of the shareholders meeting, as stated in the notice, was to vote on the removal of the current director and to reorganize the corporations.

Smith said it is critical to Zietzke as the majority owner that the assets and documents and accounts of the corporations are not damaged, tampered with, taken, or destroyed pending the noticed meeting and the reorganization and election of new officers and directors.

After receiving a majority interest in the corporations, Zietzke went to Rota to secure the plant and office of the corporations.

New locks were installed and while on Rota, Glenn Manglona failed to meet the majority owner as scheduled.

Smith said Glenn Manglona instead attempted to interfere in the securing of the corporations assets by calling his friends on Rota to stop Zietzke from entering the corporations’ office.

“The protection and securing of the corporations assets is vital to the health and continuation of the corporations, as the corporate assets are being used to secure a loan from Independence Bank, which loan is currently in default for failure to pay the required payments,” Smith noted.

On May 14, 2008, after returning to Saipan, Zietzke allegedly received an anonymous call from Rota and was told that Glenn Manglona was going to break in and destroy the corporations’ records and property.

Smith said shortly after receiving the anonymous phone call at 10:30pm, Zietzke called Glenn Manglona.

The lawyer said Glenn Manglona stated that he was going to knock the locks off that Zietzke had installed and that Glenn would break into the plant.

Smith said Glenn Manglona threatened to do bodily harm to the majority owner.

He pointed out that the phone call was on speakerphone and was heard by four other persons.

Because of the incidents, Smith said, Zietzke has been unable to obtain the necessary corporate documents and files needed to address the problems of the corporations as Independence Bank threatens to take over.