The Commonwealth Casino Commission board granted yesterday CCC executive director Andrew Yeom\u2019s motion that prevents Imperial Pacific International (CNMI) LLC from appearing before the CCC hearing without a lawyer in Yeom\u2019s two complaints against IPI. <\/p>\n
CCC vice chair Rafael S. Demapan, who presided over a status hearing in Yeom\u2019s two consolidated cases, also announced that they granted Yeom\u2019s other motion that will allow off-island witnesses to testify via Zoom.<\/p>\n
IPI counsel Michael W. Dotts did not appear at the conference. No IPI official also sat on the defendant\u2019s table after learning that U.S. District Court for the NMI Chief Judge Ramona V. Manglona issued an order yesterday stopping all IPI employees from working, except for those in charge with payroll and security.<\/p>\n
Former Saipan senator Ray Naraja Yumul and other IPI officials attended the conference, but did not sit on the defendant\u2019s table. Yumul is reportedly negotiating with IPI to serve as IPI\u2019s new chief executive officer. <\/p>\n
Demapan announced the decision after a discussion during a recess with other commissioners\u2014Ramon M. Dela Cruz, Diego M. Songao, and Mariano Taitano. <\/p>\n
CCC chair Edward C. Deleon Guerrero recused himself from the case because he was CCC\u2019s executive director when the two cases were filed. <\/p>\n
John P. Lowrey, the newly promoted chief of the Office of the Attorney General\u2019s Civil Division, appeared at the conference as counsel for the board. <\/p>\n
The first complaint, which was filed on May 20, 2020, refers to IPI\u2019s alleged failure to contribute $20 million in community benefit fund. <\/p>\n
The second complaint, which was filed on Aug. 26, 2020, pertains to IPI\u2019s alleged failure to pay the $15 million annual license fee.<\/p>\n
After announcing their decisions to grant the two motions, Demapan asked assistant attorney general Michael L. Ernest, counsel for Yeom, to restate their third motion. Ernest said he has yet to write the motion, but that it will be to prevent IPI\u2019s attorney from raising certain defenses that would be frivolous and irrelevant. Demapan said they decided to wait until Ernest files the written motion.<\/p>\n
Demapan set the trial on the merits of the two consolidated complaints for Feb. 25, 2021. <\/p>\n
At the conference, Ernest discussed the two motions and informed the board about filing the third motion.<\/p>\n
Ernest said Yeom is ready to proceed on the two consolidated complaints and urges the setting of a hearing on the merits at the earliest time convenience of the commission. \u201cI believe all our witnesses are on island. We filed an amended witness and exhibit list,\u201d he said.<\/p>\n
Ernest said one of their witnesses that they intend to call via Zoom or teleconference is former IPI general counsel Phillip Tydingco, who is off-island. He said Tydingco\u2019s presence may not be necessary if they can get the requisite stipulations from IPI.<\/p>\n
Ernest said because of the difficulties inherent in traveling with COVID-19, they asked the commission to allow their witnesses to appear at any hearing in this matter via Zoom or other teleconference.<\/p>\n
Ernest restated Yeom\u2019s motion that IPI cannot defend itself in any way except through an attorney licensed to practice in the CNMI. \u201cThis is I believe, the state of the law. It\u2019s a crime in the Commonwealth to appear before you unless there is an applicable rule granting permission and I don\u2019t believe that is the case,\u201d he said.<\/p>\n
Citing Manglona\u2019s stop-work order, Ernest said he has not read the order, but that in all candor, his belief is that it would be a direct violation of the federal court order for anyone other than an outside retained counsel to come in and do any work, and presumably that would include defending IPI.<\/p>\n
\u201cThe fact is there\u2019s this federal court order that says they can\u2019t even talk to you right now,\u201d Ernest told the board. <\/p>\n
He said he would like to add the federal district court order as an additional basis for the granting of their motion to prevent IPI from appearing without counsel.<\/p>\n
Demapan stated that for the record during the board\u2019s regular monthly meeting last Dec. 22, they strongly advised IPI that they should have a counsel at the status conference.<\/p>\n
\u201cIt appears none [are in attendance],\u201d Demapan said.<\/p>\n","protected":false},"excerpt":{"rendered":"
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