Court denies IPI’s request for preliminary injunction against recycling company

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SUPERIOR Court Associate Judge Wesley M. Bogdan has denied the request of Imperial Pacific International for a preliminary injunction against a recycling company that the hotel-casino operator accused of accepting construction materials stolen from the casino warehouse and reselling them for profit.

Judge Bogdan on Monday also dissolved the previously issued temporary restraining order against FSM Recycling Corporation.

In a statement, attorney Robert T. Torres, who represents FSM Recycling, said the company is “pleased that the court dissolved the TRO and denied the preliminary injunction. The order speaks for itself.  The complaint is without basis and FSM has responded to the complaint as to IPI’s baseless claim.”

He added, “FSM has filed its criminal complaint with [the Department of Public Safety] to investigate the person who admitted stealing from IPI and as recently as [Monday] met with DPS detectives to cooperate with the investigation.”

In his order, Judge Bogdan dissolved the TRO he issued on April 16 and denied the IPI motion for preliminary injunction.

He also denied the request of the casino investor for an inspection of FSM Recycling premises.

The judge said the parties, of their own accord, had withdrawn subpoenas for documents that were to be produced at the hearing.

“All witnesses under subpoena to testify for this proceeding are discharged and released,” he added.

IPI, through attorney Robert J. O’Connor, filed a complaint in Superior Court on March 20, 2020 and named as defendant FSM Recycling Corporation; its principals Fnu Cha, and Eric Cruz; Ricky Reyes; and 15 other John Does.

IPI sued the defendants for conversion and asked the court to award it damages in an amount to be proven at trial; punitive damages in excess of $50,000, including attorney’s fees; and costs. 

O’Connor also filed a motion for TRO to prohibit FSMRC and others from concealing or destroying all copper wire and other construction materials belonging to IPI allegedly in possession of the recycling company.

FSMRC denied all allegations in the lawsuit and filed a cross-claim against IPI and other cross defendants.

FSMRC accused IPI of business disparagement, invasion of privacy, placing the recycling company before the public in a false light, and abuse of process.

Torres said FSMRC “denies the formation, existence, and execution of any criminal conspiracy to commit theft, receive stolen property or civil conspiracy for conversion or any other tort.”

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