MAGISTRATE Judge Heather Kennedy of the District Court for the NMI has entered a default judgement against Imperial Pacific International LLC which failed to answer or respond to the breach of contract lawsuit of TakeCare Insurance.
TakeCare, represented by attorney Steven Pixley, filed a motion for entry of default against IPI on Aug. 18, 2021.
Pixley stated that pursuant to Rule 55(a), the clerk of the court must enter an order of default against a party that fails to defend itself.
On July 1, 2021, TakeCare filed a complaint for breach of contract against IPI and asked the federal court to issue a judgment against the casino investor in the principal amount of $224,675.18 with interest. The plaintiff also wants the court to award it attorney’s fees and costs.
Pixley said on July 7, 2021, a copy of the summons and complaint were served on IPI at its office on Capitol Hill.
On July 12, 2021, TakeCare filed a proof of service of process, supported by a sworn statement of the process server, pursuant to Rule 4(l) of the Federal Rules of Civil Procedure, Pixley said.
He added that pursuant to court rules, a defendant must serve an answer within 21 days after being served with the summons and complaint.
“Imperial Pacific has failed to plead or otherwise defend this action, and TakeCare is entitled to entry of default against Imperial Pacific,” Pixely said.
Magistrate Judge Kennedy’s entry of default was dated Aug. 25, 2021.
TakeCare is an insurance company based on Guam that provides health care insurance plans and health care services in the Western Pacific Region.
According to the complaint, on or about Nov. 12, 2019, TakeCare entered into Direct Service Prepaid Medical Plans with IPI.
Consistent with the terms of these written contracts, TakeCare provided health care service and invoiced IPI for services on a monthly basis.
“Imperial Pacific breached its contract with TakeCare by failing to pay invoices for the months of June, July, and August 2020,” the complaint stated.
On June 10, 2021, formal notice of Take Care’s intention to file a civil action in the District Court for the NMI was personally served on Imperial Pacific’s account manager, the lawsuit stated.
Imperial Pacific’s failure to pay for the health care insurance services provided by TakeCare constitutes a breach of the written contract between the parties, the plaintiff added.
