USA Fanter Corporation Ltd. has requested the federal court to issue a writ of execution against Imperial Pacific International LLC so its vehicles and casino gaming machines can be sold in an auction in order to pay USA Fanter and satisfy the judgment previously entered against IPI.
USA Fanter sued IPI for refusing to pay the $2.089 million the casino investor owed the plaintiff for work completed under their construction contract.
In February, District Court for the NMI Chief Judge Ramona V. Manglona ruled in favor of USA Fanter against IPI. The judge entered a judgment for the attachment of mechanic’s lien to IPI’s interests in the improvements and real property, an area containing 1.567 hectares in Garapan, in the amount of $2,089,345.28.
On May 26, 2021, the court amended the judgment against IPI and included a monetary judgment in the amount of $2,089,345.28, as well as prejudgment interest, post-judgment interest and costs.
USA Fanter, represented by attorney Colin Thompson, said IPI has not posted a supersedeas or appeal bond, and has not obtained an order staying execution on the judgment.
He said the automatic stay operated only for 30 days from the date of the judgment. “The automatic stay expired on March 14, 2021,” he added.
Accordingly, he said, USA Fanter requests that the writ of execution take effect and be served by the U.S. Marshals as soon as practicable.
Thompson said the judgment remains unsatisfied in the amount of $2,198,405.56 plus post-judgment interest, costs, and fees that have yet to be addressed.
Thompson noted that IPI owns and controls vehicles and casino gaming machines.
“USA Fanter requests the court to issue a writ of execution to have the vehicles and casino gaming machines sold in an auction in order to pay USA Fanter and satisfy the judgment,” he added.
Thompson said USA Fanter also requests that the court order IPI to maintain all the vehicles and casino gaming machines’ registrations, insurance, and maintenance.
“IPI shall store the vehicles and casino gaming machines either in the underground parking lot of the Imperial Pacific Resort & Casino or at the IPI housing located in Chinatown and shall not damage or cause the vehicles to be damaged,” he added.
Thompson also requested the court to set a hearing and to provide IPI with the opportunity to advance any applicable exemptions.
In his declaration, Thompson said the total estimated value of IPI’s vehicles and casino gaming machines amounted to $3,241,484.
In September 2020, Judge Manglona granted USA Fanter’s mechanic’s lien petition against IPI.
According to an online legal dictionary, a mechanic’s lien is a legal claim against a home or other property. “Mechanic’s liens are typically used by subcontractors and suppliers when they haven’t received payment for improvements they made to a property.”
