The group of H-2B workers from Turkey who is suing Imperial Pacific International (CNMI) LLC and its contractor, IDS Development Management & Consultancy, is withdrawing its lawsuit against the contractor.
Richard Miller, who represents Turkish workers Özcan Genç, Hasan Gökçe, and Süleyman Köş in their lawsuit against IPI and IDS Development Management & Consultancy told the court that his clients will move to dismiss the lawsuit against IDS, which is registered in Turkey, Saudi Arabia, and the United Arab Emirates.
The lawyer said he will file a new Rule 23 motion for class action certification and will file a motion for default judgement.
U.S. District Court for the NMI Chief Judge Ramona V. Manglona scheduled the hearing for the motion for Jan. 14 at 9am.
In addition, Manglona also granted the petition for a preliminary Fair Labor Standards Act certification of collective action filed by workers against IPI and its parent company, IPI Holdings, Ltd.
At a Dec. 30 hearing, Manglona also granted the plaintiffs’ withdrawal of the issuance of notice to all potential members.
Miller also submitted to the court 29 names, including the three workers, who have consented to opt-in to the collective action. The 26 others are Ahmet Kizmaz, Ahmet Kucukhurman, Ali Cakir, Ali Gunes, Deniz Ozturk, Ebubekir Gul, Ertan Gul, Fuat Mert Oztuna, Gokhan Gunes, Idris Kocamaz, Kadir Mucur, Mehmet Baris Derintas, Mehmet Cercibasi, Mehmet Karakaya, Muharrem Basaran, Mukremin Cobanpinari, Mustafa Dogan, Mustafa Orcun, Omer Donmez, Osman Gunes, Osman Yentur, Ranazan Tekteb, Sakin Polat, Sezai Kaya, and Tuncay Yarbasi.
The court previously granted the workers’ request for an entry of default after IPI failed to file a response or defend itself within the time permitted by court rules in their lawsuit, even though IPI was served with the summons and complaint by the workers on Nov. 23, 2020.
According to the suit, the workers were promised above minimum wage, substantial overtime pay, and roundtrip tickets and they never received them.
They said IPI also promised them that it would hire a cook who could prepare the kind of food suited for them.