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    Monday, October 14, 2019-7:27:48A.M.

     

     

     

     

     

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Court denies motion for entry of default against tour company

SAYING that she saw no evidence of bad faith in Black Bison Travel Corporation’s conduct, District Court for the NMI Chief Judge Ramona V. Manglona denied plaintiff Junjie Wu’s motion for entry of default.

In her order on Wednesday, the judge said she denied the motion for default because the defendant has shown good cause as to why it should be set aside.

Black Bison, formerly known as Jili Corporation, was not aware of the deadline to file an answer to Wu’s complaint, its attorney William M. Fitzgerald said, adding that the company’s representatives speak limited English.

Judge Manglona noted the effort of the defense counsel in contacting the plaintiff’s attorney who agreed not to pursue the motion for entry of default, and to allow for the filing of an answer to the complaint.

Junjie Wu, an investor, sued Black Bison for fraud, conversion, breach of good faith and fair dealing, unjust enrichment, and fraudulent transfers.

On Aug. 15, 2019, Wu, represented by attorney Colin Thompson, filed a motion for entry of default, saying that the defendant did not file an answer within the time allotted by the rules of civil procedure.

Judge Manglona then ordered Black Bison to show cause why a default judgment should not be issued against it.

On Sept. 6, 2019 Fitzgerald filed a response to the complaint and denied all the allegations.