Imperial Pacific fails to make August settlement payment
Imperial Pacific has failed to comply with its scheduled settlement payment for August.
Northern Mariana Islands.- Xerox has asked the Federal Court to lift a 30-day automatic suspension of proceedings and to enforce a judgment on IPI’s failure to make a settled payment last month.
The court had issued an order to pay monthly instalments of $10,000 towards an outstanding $210,773.11. According to attorney Richard Miller, IPI failed to make the first payment.
According to the agreement, if IPI failed to pay by the 21st of the month, then the unpaid balance of the judgment amount would immediately become due. If failure to correct the default continued to the 30th, Xerox could file a motion for an order to show cause.
According to the Saipan Tribune, the entire balance on the amended judgment became immediately due as IPI didn’t pay before August 21.
Attorney Richard Miller stated: “IPI made only one payment of $10,000, in July 2021, and since then has made no payment to satisfy the amended judgment. Because it is now past the 21st of that month and IPI has not cured the default, the entire balance is immediately due and payable.”
In August, South Pacific Lumber Company sued IPI for non-payment of rent on commercial warehouse space. According to James Whang, of South Pacific Lumber Company, IPI stopped paying the rent in March 2020. He has asked the court to issue an order evicting IPI from the property.
He also wants injunctive reliefs to preserve IPI’s assets inside the warehouse to ensure payment of the judgment entered in the case. The company’s attorneys are seeking a payment of $391,703.13 – $276,080 for rent, $110,432 for late fees, and $5,191.13 for utilities.
IPI first leased the warehouse for a one-year period starting on May 11, 2015. Both parties agreed to extend the lease to May 10, 2021.
Former IPI chairwoman in contempt of court again
Cui Li Jie, former IPI chairwoman has been found to have breached a court preservation order that obliged her to keep data from her mobile phone. Attorney Aaron Halegua, who represents seven Chinese construction workers suing IPI, had accused Cui Li Jie of obstructing the case.
NMI Chief Judge Ramona V. Manglona ruled that the court “found that Cui blatantly disregarded the court’s order by continuously deleting her WeChat messages even though the court’s preservation order required that she preserve all electronically stored information (ESI) data.”
According to Saipan Tribune, Cui Li Jie was asked to provide her computer for forensic analysis. She was also ordered to submit an amended sworn statement describing all ESI data within five days, to provide proof of purchase for the rose gold iPhone she recently brought, and to provide all remaining SIM cards she has in her possession.