The NMI Retirement Fund\u2019s board of trustees and its three board members are asking the federal court to sanction attorney Bruce Jorgensen for filing a motion that allegedly contained improper allegations or is frivolous.<\/p>\n
The Fund\u2019s board and board members Pedro Q. Dela Cruz, Sixto K. Igisomar, and Adelina C. Roberto wants the U.S. District Court for the NMI to remove Jorgensen\u2019s offending motion.<\/p>\n
The defendants, through counsel Braddock J. Huesman, also asked the court to order Jorgensen to apologize and admit that the allegations were unsupported.<\/p>\n
They also asked the court to fine Jorgensen in an amount enough to deter him from filing similar papers, and to administer any nonmonetary sanction it sees fit.<\/p>\n
Instead of litigating the lawsuit in the Ninth Circuit or filing a paper citing to case law or discussing jurisdiction, Huesman said that Jorgensen filed a paper that made unsupported allegations, failed to discuss the appeal, and filed to discuss the adverse case law in this matter.<\/p>\n
\u201cThis is unacceptable conduct for a reasonable man, who is a competent attorney admitted to practice before this court,\u201d Huesman said.<\/p>\n
Jorgensen, on behalf of his clients\u2014two unnamed CNMI government employees\u2014are suing Gov. Benigno Fitial and the Fund over alleged non-payment of their retirement benefits.<\/p>\n
The Fund has a pending appeal with the U.S. Court of Appeals for the Ninth Circuit over the federal court\u2019s order that denied the Fund\u2019s motion to dismiss Jorgensen\u2019s lawsuit.<\/p>\n
Despite the pending appeal, Huesman said the unnamed plaintiffs, through Jorgensen, filed on May 18, 2011, a request for status conference and motion to lift stay.<\/p>\n
Huesman said the plaintiffs made no mention of the denial of the plaintiffs\u2019 motion to dismiss the appeal from the Ninth Circuit.<\/p>\n
Additionally, Huesman said, the plaintiffs seek the same requests they have sought since the appeal started.<\/p>\n
Huesman said Jorgensen alleges in the motion that he (Huesman) has a conflict of interest, but did so with no citation to the applicable conflict rules or actual evidence of conflict.<\/p>\n","protected":false},"excerpt":{"rendered":"
The NMI Retirement Fund\u2019s board of trustees and its three board members are asking the federal court to sanction attorney Bruce Jorgensen for filing a motion that allegedly contained improper allegations or is frivolous.<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[],"class_list":["post-153295","post","type-post","status-publish","format-standard","hentry","category-local-news"],"_links":{"self":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/posts\/153295","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/comments?post=153295"}],"version-history":[{"count":0,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/posts\/153295\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/media?parent=153295"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/categories?post=153295"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/tags?post=153295"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}