Saipan Lau Lau Development, Inc. v. San Nicolas
CourtSupreme Court of The Commonwealth of The Northern Mariana Islands
Date FiledMarch 8, 2001
Docket00-001
JudgeCastro, Atalig, Lamorena
StatusPublished
đ° News Coverage: Read the LAWS.com news report on this case
Full Opinion
IN THE SUPREME COURT OF THE
COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS
SAIPAN LAU LAU DEVELOPMENT, ) ORIGINAL ACTION NO. 00-001
INC., SHIMIZU CORPORATION, and ) CIVIL ACTION NO. 97-1107
TOKIO MARINE & FIRE INS. CO., )
)
Petitioners, )
)
v. )
)
SUPERIOR COURT OF THE )
COMMONWEALTH OF THE ) OPINION AND ORDER
NORTHERN MARIANA ISLANDS, ) RE: ORDER TO SHOW CAUSE
)
Respondent, )
)
v. )
)
JUAN M. SAN NICOLAS, )
)
Real Party in Interest. )
Argued and submitted November 9, 2000
Counsel for Petitioners: Randall Todd Thompson
Glen Robles
Matt Gregory
Mair, Mair, Spade & Thompson
Saipan
Vicente T. Salas
Saipan
Counsel for Mitchell: In pro per
Saipan [p. 2]
FOR PUBLICATION
BEFORE: CASTRO, Associate Justice, ATALIG, Justice Pro Tem,1 and LAMORENA, Special
Judge2
CASTRO, Associate Justice:
I.
INTRODUCTION
On August 1, 2000 we suspended Theodore R. Mitchell fromthe practice of law in this jurisdiction,
due to his conduct in the underlying petition for writ of mandamus involving the above parties. We must
now decide whether that suspension should continue or, alternatively, whether Mitchell should be disbarred.
We have jurisdiction pursuant to Article IV, Section 3 of the Constitution of the Commonwealth of the
Northern Mariana Islands, as amended,3 and the Courtâs inherent authority over matters of attorney
misconduct.4 Because it is our duty to guard the administration of justice, to maintain the dignity of the
courts and the integrity of the profession, and to protect the people of this Commonwealth, we must
continue Mitchellâs suspension. [p. 3]
1
Honorable Pedro M. Atalig, retired associate justice of the Commonwealth Supreme Court, sitting by designation.
2
Honorable Alberto C. Lamorena III, Presiding Judge of the Guam Superior Court, sitting by designation.
3
N.M.I. Const. art. IV, § 3 was amended by the passage of Legislative Initiative 10-3, ratified by the voters on November
1, 1997 and certified by the Board of Elections on December 13, 1997.
4
The courts have the inherent power to regulate the practice of law, whether in or out of court. See Com. Disc. R. 1
(declaring âNothing herein contained shall be construed to deny any Court of the Commonwealth such powers as are
necessary for that Court to maintain control over proceedings conducted before itâ); In re the Matter of Villanueva, 1
CR 952, 956 (Dist. Ct. App. Div. 1984); In re Kramer, 193 F.3d 1131, 1132 (9th Cir. 1999); In re Crayton, 192 B.R. 970, 976
(B.A.P. 9th Cir. 1996) (stating, âIt is axiomatic that where a . . . court approves an attorneyâs employment . . . , it has the
power to determine actual competence after employment and to regulate the retention of that attorneyâ).
II.
FACTUAL AND PROCEDURAL BACKGROUND5
A. Conduct Leading up to Suspension
On July 3, 2000, Petitioners filed with this Court their Petition for Writ of Mandamus and Motion
for Stay (âwrit petitionâ). That same day, we issued an Order Granting Motion for Stay and Directing
Answer to Writ of Mandamus.
On July 5, 2000, Petitioners moved for a temporary restraining order and preliminary injunction
to enjoin Real Party in Interest Juan M. San Nicolas (âSan Nicolasâ) from disbursing certain funds outside
the Commonwealth. The motion was necessitated by San Nicolasâ counsel having levied $800,056.38
(âsubject fundsâ) in cash from Petitionersâ Saipan bank account on July 3, 2000, a few hours before this
Court issued its order granting a stay. It appears from the partiesâ statements during oral argument and
from the record that counsel for Petitioners attempted to prevent the bank from delivering the subject funds
to Mitchell. As of that date, Mitchell had known for two days of Petitionersâ writ petition and motion for
stay, because Petitioners had hand-delivered these documents to his office.6
On July 6, 2000, this Court issued a temporary restraining order to prevent San Nicolas from
spending or disbursing outside the Commonwealth any funds levied pursuant to the Superior Courtâs writ
of execution, and set a hearing date on Petitionersâ motion for a preliminary injunction.7 [p. 4]
5
In the absence of any objections, we GRANT all requests for judicial notice of the documents presented at the hearing
on this matter on November 9, 2000.
6
Certificate of Service (July 3, 2000).
7
We extended the original hearing date on Petitionersâ motion for preliminary injunction at San Nicolasâ request, to
afford him more time to prepare for the hearing. San Nicolas waited until the morning of the hearing, during oral
argument, to present an opposition brief to the Court. Just before the hearing, San Nicolas filed a motion to recuse Chief
Justice Demapan from the panel.
We held a hearing on Friday, July 14, 2000 at 11:00 a.m. 8 Later that day, given the urgency of
the matter and the approaching weekend, the Court issued its Order Granting Motion for Preliminary
Injunction, ordering San Nicolas and his attorneys to turn over the subject funds to the Clerk of the
Supreme Court by 12:00 p.m. on Monday, July 24, 2000, to be placed in an interest-bearing account. The
Court also ordered San Nicolas and his attorneys to provide an accounting as to any funds not turned over
to the Clerk of Court. Lastly, the Court warned that it would issue sanctions for non-compliance.9
On July 18, 2000 the Court issued a supplemental order which detailed the Courtâs factual findings
and analysis. The Supplemental Order by its terms was directed to âSan Nicolas, his agents, servants,
employees, and attorneys, and those persons in active concert or participation with them and each of them.â
Supplemental Order Granting Motion for Preliminary Injunction (âSupplemental Orderâ) at 3-4
(July 18, 2000). The Supplemental Order made several observations regarding the conduct of Theodore
R. Mitchell, counsel for San Nicolas, during the hearing:
Throughout the hearing on Petitionersâ motion, Mr. Mitchell, counsel for San Nicolas,
displayed highly inappropriate behavior. He became visibly agitated and his voice became
unnecessarily loud and threatening while discussing matters preliminary to Petitionersâ
motion. In response to the Courtâs inquiry as to what happened to the subject funds, Mr.
Mitchell moved towards the bench in a threatening manner, demanded that the Court
explain by what authority it asked its question, and refused to answer the Courtâs direct
question.
Supplemental Order at 1. The Supplemental Order concluded:
Failure to comply with this order shall result in sanctions. All parties and their attorneys
are placed on notice that any future conduct similar to that of Mr. Mitchell, described
above, is subject to sanctions, including disciplinary action by this Court. All persons
8
Associate Justice Alexandro C. Castro and Justice Pro Tem Pedro M. Atalig presided over the hearing after Chief
Justice Miguel S. Demapan recused himself. Special Judge Alberto C. Lamorena III was later appointed to complete the
panel.
9
Order Granting Motion for Preliminary Injunction (July 14, 2000).
appearing before this Court are expected to display common courtesy and civility, and to
avoid engaging in unnecessarily loud or physically threatening behavior.
Id. at 2. [p. 5]
Despite this reprimand, Mitchell filed a Declaration âIn Response toâ the Supplemental Order on
July 20, 2000. The Declaration not only denied the Courtâs description of Mitchellâs conduct in the
Supplemental Order, but also contained strong language unbecoming of an officer of this Court. Following
are several examples of the tone of his declaration:
¶ 18: My âvoiceâ did not become âthreateningâ at any time, unless by that statement means
[sic] that the force of my ideas, my reasoning and my legal argument was perceived as
intellectually threatening to the judges.
Declaration of Theodore Mitchell in Response to Supplemental Order Granting Motion for Preliminary
Injunction (hereinafter âMitchell Declarationâ) at 5 (July 20, 2000) (emphasis added);
¶ 28: I rightfully demanded to know on what legal basis Justice Atalig was interrogating
me on that subject.
Mitchell Declaration at 7-8 (emphasis added);
¶ 52: For the Supreme Court to make such a false and slanderous statement [that
Mitchell engaged in physically threatening behavior] is inexcusable, irresponsible and, in
my opinion, it demeans the dignity of the court itself.
¶ 53: [T]hese threatening statements by the Court seem designed to intimidate me from
representing my client . . . If it is intended to chill oral advocacy in this case and to put me
in fear of sanctions before I have done anything wrong, then it is highly improper for the
Court to make such a statement.
Mitchell Declaration at 13-14 (emphasis added). Mitchellâs Declaration also criticized one panel member
several times for being argumentative, hostile, biased, openly and frankly impatient, and discourteous.
Moreover, Mitchell, admittedly without factual basis, criticized another attorney, not a party to the
proceedings, and accused her of improper conduct:
¶ 25: Justice Atalig, according to my observation, was visibly irritated to hear me argue that
he was wrong on these points of law. Furthermore, it appeared to me that he was reading
his questions from some written notes on the table before him, notes which, perhaps, had
been prepared by his law partner and former law clerk, Yoon Chang.
¶ 26: Throughout the hearing, upon information and belief, Yoon Chang, who was present
in the courtroom gallery, was seen nodding her head up and down or side to side in
response to various parts of my presentation. I do not know whether she made those
gestures in an attempt to communicate with Justice Atalig, or not.
Mitchell Declaration at 25-26 (emphases added). [p. 6]
On July 24, 2000, the date and time prescribed for San Nicolas and his attorneys to comply with
this Courtâs Supplemental Order, San Nicolas instead filed a Motion for Review by the Full Court and
Motion for Stay (âMotion for Reviewâ), and a âResponseâ of San Nicolas to the preliminary injunction
orders. The documents do not provide any legal authority to justify San Nicolasâ or his attorneyâs refusal
to comply with the court order. In his Response, San Nicolas states his attorney advised him against turning
the subject funds over to the Clerk of Court or providing an accounting because âI may lose my right to
claim that all of the money is rightfully mine.â Response of Plaintiff Juan M. San Nicolas to Preliminary
Injunctions at 3 (July 24, 2000). The Motion for Review attacks the validity of the Order Granting Motion
for Preliminary Injunction and Supplemental Order, but does not explain why San Nicolas should not be
required to comply with the Courtâs order that he deposit the subject funds with the Clerk of Court.
On July 26, 2000 San Nicolas filed his first motions to disqualify Justices Castro and Atalig. In its
order denying these motions, the Court found them wholly without merit, designed to harass and intimidate
the justices, and instituted for an improper purpose.10
On August 1, 2000 Mitchellâs unjustified refusal to comply with a Court order, his advice to his
10
Order Denying Motions for Disqualification at 3 (July 31, 2000).
client to similarly refuse, his unprofessional personal attacks on the justices, and his numerous attempts to
file procedural roadblocks that would prevent a ruling on the writ petition finally resulted in this Courtâs
Order of Suspension and Order to Show Cause (âOrder to Show Causeâ), temporarily suspending
Mitchell and ordering him to show cause why the suspension should not continue or, alternatively, why he
should not be disbarred for the above conduct.11 The Court ordered that Mitchell file a brief responsive
to the Order to Show Cause, and that he notify all jurisdictions in which he is licensed to practice of his
suspension in the Commonwealth. The Court also gave San Nicolas one last chance to comply with the
preliminary injunction and either turn over the subject funds to the Clerk of Court, or provide an accounting.
[p. 7] B. Conduct During Suspension
Since the Court issued its Order to Show Cause, Mitchell has engaged in conduct similar to that
which precipitated the Order.
1. Dilatory Conduct
On August 15, 2000 Mitchell12 filed a motion to stay the proceedings herein pending a Ninth Circuit
appeal of several orders, including the Order to Show Cause. The Court subsequently denied this
motion.13 The Ninth Circuit ultimately dismissed the appeal for lack of jurisdiction.14
11
Order of Suspension and Order to Show Cause (Aug. 1, 2000).
12
Although Mitchell stopped signing his Court filings as an attorney for San Nicolas, his associate Jeanne H. Rayphand
signed most if not all filings as Mitchellâs and San Nicolasâ attorney. As the quality and tone of the filings suggests
Mitchell continued to draft them, and as his office is still preparing and filing them, we will refer to all documents dated
after August 1, 2000 as if Mitchell himself had filed them.
13
Order Denying Motion for Stay (Sept. 21, 2000).
14
Saipan Lau Lau Dev., Inc. v. Superior Court, No. 00-16677 (9th Cir. Dec. 11, 2000) (Order).
On August 18, 2000 Mitchell moved to disqualify Special Judge Lamorena for bias.15 The Court
had to appoint a separate justice pro tem to hear this unmeritorious motion, which was denied due to an
insufficient showing of any basis for disqualification.16
On August 23, 2000 Mitchell filed another set of motions to disqualify Justices Castro and Atalig.
The Court determined these motions to be equally without merit, because Mitchell had again failed to point
to any evidence of bias stemming from an extrajudicial source.17 The Court also noted that, instead of
submitting a brief pursuant to the Order to Show Cause, Mitchell elected to prolong [p. 8] his suspension
and delay a hearing on the order by filing a federal lawsuit which was ultimately dismissed.18 The Court
subsequently denied a motion for reconsideration of its order.19
On September 13, 2000 Mitchell filed a motion to continue the hearing on the underlying writ
petition, which the Court had scheduled for September 22, 2000.20 The Court denied this motion.21
On September 15, 2000 Mitchell attempted to depose the three panel members in this matter. An
accompanying Memorandum Regarding the Character of the Mitchell Disciplinary Proceedings failed to
cite any legal authority that would permit him to depose a sitting justice. The Court quashed the deposition
15
Motion for Disqualification of Justice Pro Tempore Alberto C. Lamorena III and Notice (Aug. 18, 2000).
16
Order Denying Motion for Disqualification of Justice Pro Tempore Alberto C. Lamorena III (Sept. 8, 2000).
17
Order Denying Second Motions for Disqualification of Associate Justice Castro and Justice Pro Tem Atalig at 3
(Aug. 25, 2000).
18
Id. at 4.
19
Order Denying Motion for Reconsideration of Order Denying Second Motions for Disqualification of Alexandro C.
Castro & Pedro M. Atalig (Sept. 21, 2000).
20
Emergency Motion of San Nicolas and Mitchell for Reconsideration and Motion for Continuance of
September 22, 2000 Hearing (Sept. 13, 2000); Order Setting Hearing Re: Petitionersâ Motion for Contempt Order and
Motion for Sanctions; and Petition for Writ of Mandamus (Sept. 8, 2000).
21
Order Denying Motion for Stay at 1 (Sept. 21, 2000); Order Denying Motion for Reconsideration of Order Denying
Second Motions for Disqualification at 1 (Sept. 21, 2000).
notices, observing:
Even assuming any authority to depose a sitting justice exists, the panel membersâ
depositions have been conveniently scheduled to interfere with the hearing on the petition
for writ of mandamus and Defendantsâ motion for contempt. Although the deposition times
do not conflict with the actual hearing time, the depositions would undoubtedly interfere
with preparation for the hearing and deliberation thereof.
Order Quashing Notices of Deposition at 2 (Sept. 20, 2000).
The Court finally held a hearing on the underlying writ on September 22, 2000, three months after
Petitioners filed their writ petition. In its September 27, 2000 order the Court observed that San Nicolas
had attempted to continue the September 22 hearing on several occasions, including the morning of the
hearing. The Court noted that San Nicolasâ conduct appeared to be intended to delay [p. 9] the hearing.22
The full panel subsequently affirmed this order following Mitchellâs motion for full-court review.23
On October 11, 2000 Mitchell filed a motion for reconsideration in which he accused Justice
Castro of attempting to falsify the record (First Amended Motion for Reconsideration and Review by the
Full Court of the September 27, 2000 Order (âMotion for Reconsiderationâ) at 9 (Oct. 11, 2000)). He
then speculated that the justicesâ reported salaries are evidence of their bias against him (Motion for
Reconsideration at 23-24), and then criticized Justice Castro:
Taken altogether, the content and quality of Justice Castroâs remarks [at a swearing-in
ceremony for newly- admitted attorneys] are evidence of a lack of the kind of serious
legal depth of understanding and knowledge that is expected of a justice of the
Supreme Court of the Commonwealth.
Motion for Reconsideration at 24 (emphasis added).
On October 13, 2000 Mitchell filed deposition notices in an attempt to depose two current
22
Order re: Motions for Contempt and Sanctions; and Petition for Writ of Mandamus at 2-3 (Sept. 27, 2000).
23
Order Affirming Order re: Motions for Contempt and Sanctions; and Petition for Writ of Mandamus (Nov. 7, 2000).
Supreme Court law clerks and one former law clerk.24 The Court subsequently quashed these deposition
notices as lacking in merit.25 The Court also denied a motion for reconsideration. 26
On October 16, 2000 Mitchell filed a Motion for More Definite Statement with respect to the
Courtâs Order to Show Cause, claiming he could not file a responsive brief in compliance with the [p. 10]
Order. The Court denied this motion, noting Mitchell had already filed a responsive brief.27 The full panel
subsequently affirmed this order, following the now customary motion for full court review.28
On October 17, 2000 Mitchell filed an amended deposition notice as to a former law clerk,29 as
well as deposition notices for a former Supreme Court Chief Justice and opposing counsel in this action.30
The Court quashed all deposition notices as lacking any legal basis.31
On October 23, 2000 Mitchell attempted to depose the Chief Justice of this Court, as well as
24
Mitchellâs Notice of Deposition on Oral Examination of Karen Klaver (Oct. 13, 2000); Mitchellâs Notice of Deposition
on Oral Examination of Joann Kim (Oct. 13, 2000); Mitchellâs Notice of Deposition on Oral Examination of Yoon Chang
(Oct. 13, 2000).
25
Order Quashing Notices of Deposition (Oct. 16, 2000).
26
Order Affirming Orders Quashing Deposition Notices (Nov. 9, 2000).
27
Order Denying Motion for More Definite Statement (Oct. 23, 2000).
28
Order Affirming Order Denying Motion for More Definite Statement (Nov. 9, 2000).
29
Mitchellâs Amended Notice of Deposition on Oral Examination of Yoon Chang (Oct. 17, 2000).
30
Mitchellâs Notice of Deposition on Oral Examination of Marty W.K. Taylor (Oct. 17, 2000); Mitchellâs Notice of
Deposition on Oral Examination of Mair, Mair, Spade & Thompson (Oct. 17, 2000).
31
Order Quashing Notice of Deposition [regarding former Chief Justice Marty W.K. Taylor]) (Oct. 23, 2000); Order
Quashing Notice of Deposition [regarding law firm of Mair, Mair, Spade & Thompson] (Oct. 23, 2000).
several of his family members.32 The Court quashed these deposition notices and issued a protective order
to prevent Mitchell from further harassing any non-parties to the proceedings herein. 33 The full panel
subsequently affirmed this order upon Mitchellâs motion.34
On October 26, 2000 this Court issued an Order re: Show Cause Hearing as to procedure and
filing deadlines.35 The full panel subsequently affirmed this Order and denied Mitchellâs request for a pre-
trial conference.36 [p. 11]
On October 26, 2000 Mitchell attempted to subpoena certain records from the Commonwealth
Bar Association. The Court granted the Bar Associationâs motion to quash the subpoena.37 The full panel
subsequently affirmed this order.38
On November 2, 2000 Mitchell again moved to disqualify the entire panel. The Court denied this
motion.39
On the morning of the show-cause hearing, November 9, 2000 the Court issued several orders,
32
Order Quashing Notices of Deposition; and Protective Order at 2 n.4 (Oct. 25, 2000) (taking judicial notice of fact that
following individuals are all related by marriage or blood to Chief Justice Demapan); Mitchellâs Notice of Deposition on
Oral Examination of Ana T. Sablan (Oct. 23, 2000); Mitchellâs Notice of Deposition on Oral Examination of Frances T.
Demapan (Oct. 23, 2000); Mitchellâs Notice of Deposition on Oral Examination of Soledad T. Tenorio (Oct. 23, 2000);
Mitchellâs Notice of Deposition on Oral Examination of Jesus R. Sablan (Oct. 23, 2000); Mitchellâs Notice of Deposition
on Oral Examination of Miguel S. Demapan (Oct. 23, 2000).
33
Order Quashing Notices of Deposition; and Protective Order (Oct. 25, 2000).
34
Order Affirming Order Quashing Deposition Subpoenas (Nov. 9, 2000).
35
Despite Mitchellâs protests to the contrary, we note that procedural due process does not encompass the right to
present all desired evidence. United States v. Engstrom, 16 F.3d 1006, 1012 (9th Cir. 1994).
36
Order Denying Request for Pretrial Conference (Nov. 9, 2000).
37
Order Quashing Subpoena Duces Tecum (Oct. 27, 2000).
38
Order Affirming October 27, 2000 Order Quashing Subpoena Duces Tecum (Nov. 9, 2000).
39
Order Denying Second and Third Motions to Disqualify the Panel Members (Dec. 1, 2000).
including an order affirming its previous orders quashing various deposition notices and subpoenas.40
2. Continued Violation of Court Orders
Mitchell admits he is still âtaking new clients, advising old clients and working in his law office.â
Motion to Strike Petitionersâ Memorandum Regarding Order to Show Cause Hearing and to Strike
Declaration of Joanne T. Guerrero at 10 (Oct. 20, 2000).
There is no evidence that Mitchell has complied with the Order to Show Cause by notifying all
clients and jurisdictions in which he is licensed of his interim suspension in the Commonwealth, and Mitchell
refused to answer any questions on this issue at the November 9 hearing. At the hearing, Mitchell also
refused to explain why he has not turned over the subject funds to the Clerk of Court or provided an
accounting, and there is no evidence he has done so. Mitchell has not explained whether or why he wrote
the letter attached as an exhibit to the Declaration of Joanne T. Guerrero.
We take judicial notice of the case file in this matter, which reveals the following non-exhaustive
list of filings by the parties: [p. 12]
40
Order Affirming Orders Quashing Deposition Subpoenas (Nov. 9, 2000); Order Affirming Orders Quashing Deposition
Notices (Nov. 9, 2000).
Date Document Filing Party or
Third Party
Jul 3, 2000 Notice/Motion for Emergency Petition for Writ of Petitioners
Mandamus and Motion for Stay (and supporting papers)
Jul 3, 2000 Order Granting Motion for Stay and Directing Answer to
Writ of Mandamus
Jul 5, 2000 Notice of Motion/Motion for Emergency Temporary Petitioners
Restraining Order (and supporting papers)
Jul 7, 2000 Statement of Lack of Service of Motion for Temporary San Nicolas
Restraining Order and Preliminary Injunction
Jul 7, 2000 Order Granting Motion to Shorten Time and Motion for
Temporary Restraining Order
Jul 10, 2000 Motion to Continue Hearing on Preliminary Injunction and San Nicolas
Notice
Jul 10, 2000 Memorandum of Points and Authorities in Support of Petitioners
Petitionersâ Motion for Preliminary Injunction
Jul 10, 2000 Order Granting Motion to Continue Hearing on Preliminary
Injunction
Jul 14, 2000 HEARING ON PETITIONERSâ MOTION FOR
PRELIMINARY INJUNCTION, 11:00 a.m.
Jul 14, 2000 Real Party in Interestâs Motion to Dissolve Temporary San Nicolas
Restraining Order and Opposition to Motion for Preliminary
Injunction
Jul 14, 2000 Motion for Disqualification of Chief Justice Miguel S. San Nicolas
Demapan and his Law Clerks and Notice (and supporting
papers)
Jul 14, 2000 Order Granting Motion for Preliminary Injunction
Jul 18, 2000 Supplemental Order Granting Motion for Preliminary
Injunction
Jul 18, 2000 Answer to the Petition for Writ of Mandamus San Nicolas
Jul 20, 2000 Declaration of Theodore Mitchell in Response to Mitchell
Supplemental Order Granting Motion for Preliminary
Injunction
Jul 24, 2000 Motion for Review by the Full Court and Motion for Stay San Nicolas
Jul 24, 2000 Response of Plaintiff Juan M. San Nicolas to Preliminary San Nicolas
Injunctions
Jul 25, 2000 Notice of Motion and Motion for Imposition of Sanctions Petitioners
(and supporting papers)
Jul 25, 2000 Reply Brief in Support of Petition for Writ of Mandamus Petitioners
and Motion for Stay (and supporting papers)
[p. 13]
Jul 26, 2000 Plaintiffâs Motion for Disqualification of Justice Pro San Nicolas
Tempore Pedro M. Atalig and Declaration of Theodore
Mitchell
Jul 26, 2000 Plaintiffâs Motion for Disqualification of Justice Alexandro San Nicolas
C. Castro and Declaration of Theodore Mitchell
Jul 28, 2000 Petitionersâ Memorandum re: San Nicolasâ Motion for Petitioners
Disqualification of Justice Pro Tempore Pedro M. Atalig
and Associate Justice Alexandro C. Castro
Jul 28, 2000 Petitionersâ Memorandum in Opposition to Plaintiffâs Petitioners
Motion for Stay and in Support of Request for Order of
Contempt
Jul 31, 2000 Order Denying Motions for Disqualification
Aug 1, 2000 Order Affirming Order Granting Motion for Preliminary
Injunction
Aug 1, 2000 Plaintiffâs Opposition to Petitionersâ Motion for Imposition San Nicolas
of Sanctions
Aug 1, 2000 Supplemental Answer to the Petition for Writ of Mandamus San Nicolas
and Motion for Leave to File
Aug 1, 2000 Order of Suspension and Order to Show Cause
Aug 4, 2000 Reply to San Nicolas Supplemental Answer to Petition for Petitioners
Writ of Mandamus and Motion for Leave to File
Aug 14, 2000 Response of Plaintiff Juan M. San Nicolas to Preliminary San Nicolas
Injunction
Aug 14, 2000 Notice of Appeal to the 9th Circuit San Nicolas/
Mitchell
Aug 15, 2000 Motion for Stay Pending Appeal (and supporting papers) San Nicolas/
Mitchell
Aug 15, 2000 Request for Oral Argument on Motion for Stay Pending San Nicolas/
Appeal Mitchell
Aug 16, 2000 Memorandum of Points and Authorities in Opposition to Petitioners
San Nicolas Motion for Stay Pending Appeal
Aug 16, 2000 Notice/Motion for Ex Parte Motion for Order of Contempt Petitioners
Against Real Party and Former Counsel (and supporting
papers)
Aug 18, 2000 Motion for Disqualification of Justice Pro Tempore Alberto San Nicolas
C. Lamorena III and Notice (and supporting papers)
[p. 14]
Aug 21, 2000 Letter to Clerk of Court by Theodore Mitchell Re: San Nicolas/
Compliance with Order of Suspension Mitchell
Aug 23, 2000 Motion for Disqualification of Associate Justice Alexandro San Nicolas
C. Castro and Notice
Aug 23, 2000 Motion for Disqualification of Pro Tem Justice Pedro M. San Nicolas
Atalig and Notice
Aug 25, 2000 Memorandum of Points and Authorities in Opposition to Petitioners
Motion to Disqualify Associate Justice Alexandro C.
Castro and Justice Pro Tempore Pedro M. Atalig
Aug 25, 2000 Order Denying Second Motions for Disqualification of
Justice Pro Tem Alberto C. Lamorena III
Aug 25, 2000 Reply to Opposition to Motion for Disqualification of San Nicolas
Justice Pro Tem Alberto C. Lamorena III
Sep 1, 2000 Supplemental Request for Oral Argument on Motion for San Nicolas/
Stay Pending Appeal Mitchell
Sep 1, 2000 Motion for Reconsideration and Notice San Nicolas
Sep 6, 2000 Memorandum of Points and Authorities in Opposition to Petitioners
San Nicolasâ and Mitchellâs Motion for Reconsideration of
Motions to Disqualify
Sep 8, 2000 Order Denying Motion for Disqualification of Justice Pro
Tempore Alberto C. Lamorena III
Sep 8, 2000 Order Setting Hearing Re: Petitionersâ Motion for Contempt
Order and Motion for Sanctions; and Petition for Writ of
Mandamus
Sep 13, 2000 Emergency Motion of San Nicolas and Mitchell for San Nicolas/
Reconsideration and Motion for Continuance of September Mitchell
22, 2000 Hearing
Sep 14, 2000 Memorandum of Points and Authorities in Opposition to Petitioners
Motion of San Nicolas and Mitchell for Reconsideration
and for Continuance of September 22, 2000 Hearing (and
supporting papers)
Sep 15, 2000 Memorandum Regarding the Character of the Mitchell San Nicolas/
Disciplinary Proceedings Mitchell
Sep 15, 2000 Mitchellâs Notice of Deposition on Oral Examination of San Nicolas/
Alexandro C. Castro Mitchell
Sep 15, 2000 Mitchellâs Notice of Deposition on Oral Examination of San Nicolas/
Alberto C. Lamorena III Mitchell
Sep 15, 2000 Mitchellâs Notice of Deposition on Oral Examination of San Nicolas/
Pedro M. Atalig Mitchell
[p. 15]
Sep 19, 2000 Reply in Further Support of Emergency Motion of San San Nicolas/
Nicolas and Mitchell for Reconsideration and Motion for Mitchell
Continuance of September 22, 2000 Hearing
Sep 19, 2000 Order Setting Deadline for Submissions
Sep 19, 2000 Declaration of Matthew T. Gregory Petitioners
Sep 20, 2000 Order Quashing Notices of Deposition
Sep 21, 2000 Motion for Reconsideration of Motion for Disqualification San Nicolas
of Justice Pro Tempore Lamorena and Notice
Sep 21, 2000 Response of Real Parties in Interest to Order Setting San Nicolas/
Deadline for Submissions Re: Motion for Contempt and Mitchell
Opposition to Motion for Contempt
Sep 21, 2000 Declaration of Jeanne H. Rayphand in Response to Filing of San Nicolas/
Declaration of Matthew T. Gregory Mitchell
Sep 21, 2000 Order Denying Motion for Reconsideration of Order
Denying Second Motions for Disqualification
Sep 22, 2000 HEARING ON PETITION FOR WRIT OF MANDAMUS
AND PETITIONERSâ MOTION FOR SANCTIONS, 10:00
a.m.
Sep 27, 2000 Order Re: Motions for Contempt and Sanctions; and
Petition for Writ of Mandamus
Oct 2, 2000 Brief in Response to Courtâs Order Dated August 1, 2000 Mitchell
Oct 10, 2000 Motion for Reconsideration and Review by the Full Court San Nicolas/
of the September 27, 2000 Order Mitchell
Oct 10, 2000 Declaration of Jeanne H. Rayphand in Response to Courtâs San Nicolas/
Order Dated September 27, 2000 Mitchell
Oct 11, 2000 First Amended Motion for Reconsideration and Review by San Nicolas/
the Full Court of the September 27, 2000 Order Mitchell
Oct 12, 2000 Order Setting Hearing Re: Order to Show Cause
Oct 13, 2000 Mitchellâs Notice of Deposition on Oral Examination of San Nicolas/
Yoon Chang Mitchell
Oct 13, 2000 Mitchellâs Notice of Deposition on Oral Examination of San Nicolas/
Joann Kim Mitchell
Oct 13, 2000 Mitchellâs Notice of Deposition on Oral Examination of San Nicolas/
Karen Klaver Mitchell
Oct 16, 2000 Mitchellâs Motion for More Definite Statement San Nicolas/
Mitchell
[p. 16]
Oct 16, 2000 Memorandum of Points and Authorities in Opposition to Petitioners
San Nicolas and Mitchellâs Motion for Reconsideration and
Review by the Full Court
Oct 16, 2000 Order Quashing Notices of Deposition
Oct 17, 2000 Mitchellâs Amended Notice of Deposition on Oral San Nicolas/
Examination of Yoon Chang Mitchell
Oct 17, 2000 Mitchellâs Notice of Deposition on Oral Examination of San Nicolas/
Mair, Mair, Spade & Thompson Mitchell
Oct 17, 2000 Mitchellâs Notice of Deposition on Oral Examination of San Nicolas/
Marty W.K. Taylor Mitchell
Oct 18, 2000 Memorandum of Points and Authorities in Support of Petitioners
Motion to Quash Subpoena and for Protective Order
Oct 18, 2000 Memorandum Regarding Order to Show Cause Hearing Petitioners
Oct 18, 2000 Notice of Motion/Emergency Motion to Quash Subpoena Petitioners
Oct 18, 2000 Declaration of Joanne T. Guerrero Petitioners
Oct 18, 2000 Motion for Reconsideration and for Review by the Full San Nicolas/
Court of the October 16, 2000 Order Quashing Notices of Mitchell
Deposition
Oct 20, 2000 Mitchellâs Opposition to Mair Firm Motion to Quash San Nicolas/
Subpoena and for Protective Order Mitchell
Oct 20, 2000 Motion to Strike Petitionersâ Memorandum Regarding San Nicolas/
Order to Show Cause Hearing and to Strike Declaration of Mitchell
Joanne T. Guerrero
Oct 23, 2000 Order Denying Motion for More Definite Statement
Oct 23, 2000 Mitchellâs Notice of Deposition on Oral Examination of Ana San Nicolas/
T. Sablan Mitchell
Oct 23, 2000 Mitchellâs Notice of Deposition on Oral Examination of San Nicolas/
Frances T. Demapan Mitchell
Oct 23, 2000 Mitchellâs Notice of Deposition on Oral Examination of San Nicolas/
Soledad T. Tenorio Mitchell
Oct 23, 2000 Mitchellâs Notice of Deposition on Oral Examination of San Nicolas/
Jesus R. Sablan Mitchell
Oct 23, 2000 Mitchellâs Notice of Deposition on Oral Examination of San Nicolas/
Miguel S. Demapan San Nicolas/
Mitchell
Oct 23, 2000 Reply Memorandum Regarding Motion to Quash and for Petitioners
Protective Order
[p. 17]
Oct 23, 2000 Order Quashing Notice of Deposition (re: Marty W.K.
Taylor)
Oct 23, 2000 Order Quashing Notice of Deposition (re: Mair, Mair, Spade
& Thompson)
Oct 25, 2000 Order Quashing Notices of Deposition; and Protective
Order (re: Ana T. Sablan, Frances T. Demapan, Soledad T.
Tenorio, Jesus R. Sablan, Miguel S. Demapan)
Oct 26, 2000 Mitchellâs Supplemental Motion to Strike Petitionersâ San Nicolas/
Memorandum Regarding Order to Show Cause Hearing and Mitchell
to Strike Declaration of Joanne T. Guerrero
Oct 26, 2000 Subpoena Duces Tecum (Re: CNMI Bar Association)
Oct 26, 2000 Reply B