Notice of Proposed Class Action Settlement and Fairness Hearing

This notice is about a proposed settlement in a class action lawsuit. The proposed settlement may affect your rights if you are a member of the class as defined below. The proposed settlement will become final when the Court approves it.

The lawsuit was brought in the United States District Court for the Northern Mariana Islands, in Saipan, CNMI. The Court will hold a public hearing before deciding whether to give final approval to the proposed settlement. A copy of the Court’s Order Granting First Amended Joint Motion for (1) Preliminary Approval of Settlement, (2) Setting of Final Approval Hearing, and (3) Approval of Notice Plan can be downloaded here [Court's Order.pdf].

This notice describes the lawsuit and the terms of the proposed settlement. This notice also describes the process that the Court will use to decide whether to approve the proposed settlement, and what you can do if you have comments or object to the proposed settlement.

What is the Lawsuit about?

The Plaintiffs claim that Pacific Rim Land Development, LLC (“Pacific Rim”) was covered by the Worker Adjustment and Retraining Notification Act (the “WARN Act”), that Pacific Rim ordered a plant closing or mass layoff within the meaning of the WARN Act by terminating employees who were assigned to the work at the construction site of the IPI casino & resort in Garapan in 2018, and that Pacific Rim failed to provide the requisite advance notice to all employees affected by the plant closing or mass layoff.

Pacific Rim denies any wrongdoing or liability. However, the parties are proposing to settle the lawsuit.

Who is a Class Member?

The class is defined as all former employees of Pacific Rim who were assigned to work at the construction site of the IPI casino & resort in Garapan in 2018 and whose employment was terminated with an effective termination date from October 2, 2018 to October, 31 2018. If this definition fits you, then you are a Class Member.

What are the Terms of the Proposed Settlement?

This notice contains only a summary of the proposed settlement. To fully understand the proposed settlement, you should read the entire proposed settlement agreement. Information about where you can find a copy of the entire proposed settlement agreement appears below.

The proposed settlement provides that:

1. Pacific Rim will make a total payment of $45,000 to the client trust account of the class counsel;
2. From the $45,000:
   a) up to $3,500 will be paid towards costs and expenses incurred prior to distribution;
   b) $1,500 will be paid as attorneys’ fees to the class counsel;
   c) the three class representatives will receive incentive payments in the respective amounts of $300, $300, and $600;
   d) the net amount will be distributed to all class members in proportion to their wage rates when they were employed with Pacific Rim in 2018 as indicated in Appendix A of the proposed settlement agreement; and
   e) the balance that remains unclaimed after a six-month claim period will be distributed to those class members who have claimed or otherwise received their settlement shares, in proportion to their wage rates when they were employed with Pacific Rim in 2018 as indicated in Appendix A of the proposed settlement agreement.

It is estimated that the shares of a majority of class members are in the range of $370 to $700. Because each class member’s share depends on his or her wage rate in relation to other class members, depending on your own wage rate when employed by Pacific Rim, your individual share may not necessarily be in that range.

How Can You Get a Copy of the Proposed Settlement Agreement?

You can get a copy of the proposed settlement in one of the following ways:

1. You can download the proposed settlement agreement on the internet at:
   Settlement Agreement.pdf
2. You can contact Banes Horey Nie & Miller, LLC, the law firm who represents the class in this lawsuit, at (670) 234-5684 or DNMI24cv09ClassAction@gmail.com, and whose address is First Floor, Macaranas Building, 4165 Beach Road, Garapan, P.O. Box 501969, Saipan, MP 96950.

How Will the Court Decide Whether to Approve the Proposed Settlement?

The Court will need to approve the proposed settlement before it becomes final. The Court will hold a public hearing, called a fairness hearing, to decide if the proposed settlement is fair. The hearing will be held on August 27, 2026 at 9:00 a.m. in the 3rd Floor Courtroom before Chief Judge Ramona V. Manglona at the following address:

United States District Court
for the Northern Mariana Islands
1671 Gualo Rai Rd., Gualo Rai
P.O. Box 500687
Saipan, MP 96950

Because the date and time of the hearing could change, please check with the Court before attending.

What Can You Do If You Object to the Settlement or Have Other Comments?

IF YOU AGREE with the proposed settlement, you do not have to do anything at this time. You have the right to attend the fairness hearing, at the time and place above.

IF YOU DISAGREE OR HAVE COMMENTS about the proposed settlement, you can write to the Court or ask to speak at the hearing. You must do this by writing to the Clerk of the Court, at

United States District Court
for the Northern Mariana Islands
P.O. Box 500687
Saipan, MP 96950

Or the following email address:
usdcnmi@nmid.uscourts.gov

Your written comments or request to speak at the fairness hearing must be postmarked or emailed to the Court by Thursday, August 20, 2026.
The Clerk will provide copies of written comments to the lawyers who brought the lawsuit and to Pacific Rim by filing the comments on the court’s electronic case filing system.

The Court will decide who gets to speak at the fairness hearing.

Can I Still Exclude Myself from the Class Action?

Yes. If you exclude yourself, you will not be part of the Class Action and therefore, not part of the settlement if it is approved by the Court. You will keep any rights to sue Pacific Rim separately and to assert the same legal claims as in this Lawsuit. To be excluded, you must sign a written request to be excluded and mail or email it to Class Counsel. You can find a sample written request to be excluded at the end of this notice. You may mail the signed request by regular postal service, or you may scan the signed request and send the scan by email. Class Counsel’s postal and email addresses are listed below. To be excluded from the Class Action, you must postmark by regular postal service or send by email a signed request to Class Counsel on or before Monday, July 27, 2026.

What Can You Do If You Have Questions?

If you have any questions about this lawsuit or about the proposed settlement, please contact the lawyers who brought the lawsuit at:

Banes Horey Nie & Miller, LLC
P.O. Box 501969
Saipan, MP 96950

For requests for more information via telephone: (670) 234-5684: or via email: DNMI24cv09ClassAction@gmail.com.

REQUEST FOR EXCLUSION FROM CLASS ACTION LAWSUIT

I, (print full name) __________________________________________, wish to be excluded from the Class Action Lawsuit captioned MARTIN DELA CRUZ JR., MARTIN DELA CRUZ, and CHRISTOPHER LEEDELRIO, on behalf of themselves and all other persons similarly situated, vs. Pacific Rim Land Development, LLC, Case No. 1:24-cv-00009, in the United States District Court for the Northern Mariana Islands.