Cui Li Jie, who chairs Imperial Pacific International Holdings Limited, the parent company of Imperial Pacific International (CNMI) LLC, is facing possible contempt charges again for allegedly evading and violating a subpoena in the case filed by seven construction workers.
According to memorandum filed by Aaron Halegua and Bruce Berline, who are the lawyers for the seven construction workers that are suing IPI, in light Cui’s failure to comply with a subpoena and pattern of disregarding the authority of the U.S District Court for the NMI, plaintiffs request that the court issue an order to show cause why Cui should not be held in contempt, and why the court should not impose a $10,000 per day fine as a contempt sanction against her.
In addition, Halegua and Berline want Cui to show cause as to why she should not be deemed to have waived all objections to the subpoena, and why Cui should not pay the plaintiffs’ attorneys’ fees and costs arising from her disobedience.
Berline said he properly served third-party witness Cui with a subpoena to produce documents and appear for a deposition on Jan. 26 at his office.
However, after serving Cui with the subpoena, an IPI executive allegedly immediately sent text messages to intimidate the process server that he would face “legal trouble” if he did not take back the subpoena. The next day, an IPI employee returned the subpoena to Berline’s office.
“Neither this attempt at intimidation nor the act of returning the physical subpoena negates its legal validity. Cui never moved the court to quash or modify the subpoena. On Jan. 26, Cui then failed to appear for the deposition or produce any documents. Thus, Cui clearly violated her legal obligations under the subpoena,” Berline said.
According to court documents, on Jan. 10, plaintiffs issued a subpoena for Cui, to produce documents and appear for a deposition at the law office of Berline, Jan. 26 at 9am.
Plaintiffs first asked IPI’s attorney, Michael Dotts, if he would accept service on behalf of Cui but Dotts declined. Plaintiffs then arranged for Thomas S. Salas to effect personal service of the subpoena, along with a $45 check as a witness fee. On Jan. 18, Salas physically handed Cui the subpoena and the check while she stood by a car outside the Flame Tree apartment complex. Cui allegedly accepted the subpoena and check and then handed them to a woman sitting inside the car. Cui then invited Salas inside a house, where he explained the subpoena to Cui and the other individuals sitting with her.
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