THE U.S. Department of Justice-Aviation, Space & Admiralty Litigation has requested the federal court to issue an entry of default against Imperial Pacific International LLC and its parent company, IPI Holdings Ltd., regarding the removal costs of IPI’s yacht, Grand Mariana.
In his motion, USDOJ Civil and Torts division attorney Frank Anders stated that IPI and IPI Holdings have failed to respond to the complaint within the required time.
He noted that USDOJ filed its original complaint May 14, 2021, and IPI and IPI Holdings were served with the summons and verified complaint on Aug. 16, 2021.
Anders said the U.S. government has not granted IPI and IPI Holdings any formal or informal extensions of time to file a response to the complaint.
The complaint pertains to the Grand Mariana’s removal costs incurred in responding to the potential threat of oil spill after Super Typhoon Yutu made landfall in the Northern Marianas in Oct. 2018.
The lawsuit seeks to recover $1,391,917.18 from the owners of the yacht for the Grand Mariana “incident and removal action” costs.
Besides IPI and IPI Holdings, USDOJ also named Pride Keen Ltd. as defendants in the complaint. They were sued for liability under the Oil Pollution Act of 1990 as registered owners of the Grand Mariana.
The U.S. government, by and through the Field Operations Service Center, contracted with various entities, including but not necessarily limited to, Global Diving and Salvage, Inc., to respond to the Grand Mariana incident and removal action, the complaint stated.
It added that the U.S. government paid these entities for the removal costs incurred in responding to the substantial threat of discharge of oil.
On April 14, 2020, the National Pollution Funds Center sent “Notice of Potential Liability Letters” to Pride Keen, IPI, and IPI Holdings advising them that the USCG considered them responsible parties.
The National Pollution Funds Center demanded reimbursement for all of the outstanding removal costs and damage owed by the defendants, and on May 10, 2020, sent all defendants an invoice for $1,391,917.18.
Despite this demand, the defendants have failed and refused to reimburse the costs and damages for which they are liable, the complaint said.
Grand Mariana
