Lawsuit filed against the Archbishop of Agana
On April 6 the Official Committee of Unsecured Creditors filed a lawsuit against the Archbishop of Agana regarding the Chapter 11 bankruptcy filed on Jan. 16. The complaint includes a list of disputed property the committee alleged belong to the debtor and should be scheduled as assets of the estate. Among the disputed properties are several vehicles, parishes, schools and cemeteries on Guam.
The Archbishop alleged the disputed properties are held in “Trust for Parishes and Schools,” and therefore are not scheduled assets of the estate.
Guam Shipyard class action lawsuit
On April 8 the District Court of Guam posted a legal notice regarding a class action lawsuit against Guam Industrial Services Inc. which does business as Guam Shipyard. Employees who were terminated in a mass layoff on or about Oct. 15, 2013 filed the class action lawsuit against the Guam Shipyard alleging the defendant failed to provide notice of the termination as required by law.
The legal notice states those affected who wish to be excluded from the lawsuit must act before May 2. More information can be found at gud.uscourts.gov or facebook.com/guamshipyardclassactionlawsuit.
Chinese workers to receive $3 million for casino construction on Saipan
Hong Kong’s Imperial Pacific International Holdings Ltd. and Imperial Pacific International (CNMI) LLC will pay more than $3 million to Chinese employees who worked on construction of the Imperial Pacific Resort Hotel and Casino in Saipan. The payout includes $1.58 million in back wages — to cover minimum wage and overtime pay — and an additional $1.58 million for liquidated damages. The companies will also pay $200,000 in civil monetary penalties.
Furthermore, the judgement states defendants will require any contractor with whom they do business to deposit $100,000 in escrow in order to pay any back wages to employees if violations are discovered.
Courts to decide legality of Guam’s cannabis legislation
Sedfrey M. Linsangan filed a lawsuit against the government of Guam and Gov. Lourdes A. Leon Guerrero alleging the legalization of medicinal and recreational marijuana on Guam is a violation of federal law. Linsangan claimed the new legislation violates Title 21 United States Code Controlled Substances Act — which classifies marijuana as a Schedule 1 Substance — and Title 48 USC Organic Act of Guam — which lays out the structure of the government of Guam.
Linsangan alleged that under Title 48 Guam must follow federal legislation which includes Title 21’s classification of marijuana as a Schedule 1 Substance.
Former employee sues Imperial Pacific International
Joshua Gray filed a lawsuit against Imperial Pacific International (CNMI) LLC for more than $75,000. Gray alleged he was fired after he complained to management that Imperial Pacific was violating immigration law and public policy of the Northern Mariana Islands by failing to hire qualified U.S. citizens and local applicants for open positions and implementing a policy of recruiting non-U.S. citizens from solely Asian countries. Imperial Pacific did not take the complaints well and conditioned Gray’s continued employment upon ceasing his complaints about their immigration policy. Gray refused to do so and was fired. Gray alleged that his termination was without reason or justification, breached his employment contract’s covenant of good faith and fair dealing and violated public policy.
Northpac Corp. sued for civil money penalties
The United States, on behalf of the Department of Labor and the Occupational Safety and Health Administration, filed a lawsuit against Northpac Corp. to collect delinquent debts totaling $39,849.19 for violations to OSHA regulations and the Occupational Health and Safety Act of 1970.
In August 2013 OSHA officials conducted a safety inspection of the defendant’s job site for the Army Reserve Center Parking Lot Partition Fence Project in Saipan and issued multiple citations for numerous violations. Citations included failing to have someone on site with a first aid certificate; have a fire extinguisher; use eye protection; install and use listed, labeled or certified equipment in accordance with instructions, and more.
Attorney General sued Guam businesses for unpaid taxes
The Office of the Attorney General and the Guam Department of Revenue and Taxation filed two lawsuits to collect business privileges taxes owed to the government of Guam from Polaris LLC, which does business as Verona Resort & Spa, and Antonio Macasaquit, who is the sole-proprietor of Captain Kid Mobile Café. The complaints request to restrain the businesses from carrying out operations until the delinquent taxes are paid.
The complaints alleged Verona Resort & Spa owes $324,473.55 and Captain Kid Mobile Café owes $59,603.35 in business privilege taxes, interest and penalties. mbj