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Court resolves dispute regarding IPI inspection

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MAGISTRATE Judge Heather L. Kennedy held a telephonic conference on Monday at the request of Pacific Rim Land Development, LLC and Imperial Pacific International LLC to resolve a dispute regarding the court-ordered inspection of IPI premises.

After hearing from the parties, the magistrate judge ordered that the inspection will not be limited to counsel only.

“Party representatives may attend the inspection,” she added.

District Court for the NMI Chief Judge Ramona V. Manglona on Thursday granted the request of Pacific Rim to prohibit IPI from selling or transferring assets.

Judge Manglona also granted the request of Pacific Rim to gain access to the [casino] “cage” subject to Commonwealth Casino Commission restrictions. But she denied without prejudice the request for an order regarding the removal of the crane.

She likewise ordered to have IPI vehicles maintained and insured.

Moreover, Judge Manglona granted the motion of Pacific Rim to compel and order IPI “to identify a person or persons with sufficient information to respond.”

She told IPI that “sanctions will be imposed should the information not be tendered.”

She ordered IPI to designate a person who has sufficient information to respond to matters relating to the assets and financial situation of the casino developer.

Pacific Rim requested the federal court to examine the ability of IPI to pay or to determine the fastest practical manner in which it can pay the unpaid balance of the judgment, and to establish a payment schedule.

The Pacific Rim motion for aid in judgment was granted in part and denied in part by Judge Manglona at the same hearing.

On April 27, the court entered a judgment in favor of Pacific Rim in its lawsuit against IPI for breach of contract and breach of promissory note.

On May 28, the federal court entered an amended civil judgment in favor of Pacific Rim in the amount of $6.8 million including the principal amount and attorney’s fees and costs.

Pacific Rim sued IPI for breach of contract for refusing to pay for services in the amount of $5.65 million.

IPI, for its part, filed counterclaims against Pacific Rim, alleging promissory fraud, fraud in the inducement of promissory note, violation of the Consumer Protection Act, and breach of contract.

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