CHIEF Judge Ramona V. Manglona of the District Court for the NMI on Thursday granted Ping Shun Corporation’s motion for partial summary judgment in the amount of $263,846.25 for food services and $638 for spa services.
Ping Shun has sued Imperial Pacific International for failure to pay for food and spa services provided by the plaintiff.
Also on Thursday, Judge Manglona denied without prejudice Ping Shun’s motion for partial summary judgment for the additional disputed amount of $179,416.25 pursuant to Federal Rule of Civil Procedure 56(d).
The judge granted additional discovery limited to IPI’s defense of fraud and ordered the parties to meet and confer to address a new scheduling order.
Attorney Samuel Mok, who represents Ping Shun, requested that the court postpone the case management conference to allow counsels to communicate.
IPI, represented by attorney Samuel Salyer, moved for the release of the supersedeas or appeal bond.
After hearing from the parties, Judge Manglona set a briefing schedule and directed attorney Salyer to file a motion for release of the bond due on Oct. 6, 2022. The filing of the opposing motion is due on Oct. 20 while the reply is due on Oct. 24, 2022.
The judge scheduled a hearing on the motion for release for Oct. 27, 2022, at 9 a.m.
As for attorney Juan Lizama’s motion to withdraw from representing IPI in the case, Judge Manglona gave Mok more time to file a response to Lizama’s motion, but it is due no later than Oct. 13, 2022 while the reply by Lizama is due no later than Oct. 20, 2022.
The court set a case management conference for Nov. 17, 2022, at 9 a.m.
In its complaint against IPI, Ping Shun stated that from Dec. 21, 2016 to Dec. 31, 2019, Ping Shun or its assignors provided breakfast, lunch and dinner at IPI’s request for thousands of individuals involved in the construction of IPI’s hotel-casino project in Garapan as well as IPI’s employees and VIP guests.
Ping Shun also alleged a breach of residential lease agreement related to the housing of some of IPI’s employees and/or construction workers. IPI failed to pay for damages related to furniture and appliances that were damaged and/or unlawfully taken from the premises prior to the end of the lease term, Ping Shun stated.
It added that IPI also failed to pay for spa services provided to its executives and VIP guests.
Ping Shun has asked the court to issue an order directing IPI to pay its outstanding balance in the amount of $462,003.64.
