LAWYER Aaron Halegua has asked federal court to issue an order asking Imperial Pacific International LLC chairwoman Cui Li Jie to provide a forensic copy of her cell phone including all WeChat data as well as all other email accounts, messaging -Accounts or other information stored electronically or used by ESI.
“If a decision is not passed, this data is likely to be lost forever and cause irreparable harm to plaintiffs, especially as they try to enforce the impending default judgment against IPI,” he added.
Halegua and Bruce Berline are the lawyers of seven construction workers who sued IPI and its former contractor and subcontractor MCC International and Gold Mantis on allegations of labor and human trafficking.
The plaintiffs are Tianming Wang, Dong Han, Yongjun Meng, Liangcai Sun, Youli Wang, Qingchun Xu, and Duxin Yan. They have asked federal court to issue an order awarding them $ 3.86 million in damages and $ 7.72 million in punitive damages.
The plaintiffs have already reached a settlement agreement with MCC International and Gold Mantis.
Chief Justice Ramona V. Manglona of the NMI District Court recently found that Cui Li Jie despised the court for failing to comply with a subpoena.
The judge ordered the IPI chairperson to pay plaintiffs’ attorney fees and fees of US $ 33,890.10 no later than March 5 as part of the sanctions against Cui Li Jie.
The judge also granted the plaintiffs’ request for the default to be recorded.
In his new motion, Halegua said: “The court has stated that it now intends to issue a default judgment against IPI.”
“It is pretty clear that IPI is unlikely to pay this ruling and plaintiffs will have to aggressively search for assets held by IPI and seek legal assistance to execute them,” Halegua added.
“IPI has repeatedly claimed that it has no revenue and no money,” he said. “When other creditors have received judgments against IPI, IPI has not paid but has looked for other ways to keep enforcement going.”
For example, Halegua said Pacific Rim received a multi-million dollar judgment against IPI, but needs to get the court to issue writ of execution against IPI’s gaming equipment, vehicles, and other assets before IPI can raise funds to deposit one Borrowing and maintaining this enforcement have found actions.
“In the present case, a casino player suddenly loaned the money they needed to IPI when the court threatened to arrest the CEO of IPI if the sanction price was not paid,” Halegua said.
“It is also evident that enforcement of a judgment against IPI would require understanding of the financial relationship with IPI Holdings Ltd. and Ms. Cui requires. To the extent that IPI has paid its debts or satisfied its Saipan creditors, funds routinely come from IPIH or other companies and / or individuals in Hong Kong. For example, former IPI CEO Donald Browne noted that he reached out to IPIH when the company had to pay a court penalty in the case and that IPIH provided the money as a means of paying the utility bill for the accommodation were required by employees. “
Halegua said the money to cover IPI’s latest payroll was “sent from Hong Kong.”
At a meeting of the Commonwealth Casino Commission on February 24, 2021, IPI CEO Ray N. Yumul stated that IPI must “rely on our parent company in Hong Kong to provide us with funds,” Halegua said.
Following a default judgment against IPI, he said: “Plaintiffs must certainly use the full powers of discovery granted to parties seeking to enforce judgments.”
As part of that discovery, Halegua said, “Plaintiffs will certainly seek information from Ms. Cui and IPIH about their financial relationship with IPI, referrals to IPI, and their knowledge of assets and other resources available to IPI.”
He said, “If steps are not taken now to preserve this evidence, plaintiffs’ right to seek discovery will become hollow. A preservation order is necessary to avoid this injustice. “