PING Shun Corporation and Imperial Pacific International LLC., in a joint motion, have asked the federal court to dismiss with prejudice Ping Shun’s lawsuit over IPI’s nonpayment of food and spa services.
Ping Shun, through attorney Samuel Mok, acknowledged that it has received full and complete payment of all amounts required pursuant to the settlement agreement.
IPI, represented by attorney Kevin Abikoff, and Ping Shun are requesting the District Court for the NMI to have the terms and conditions of their settlement agreement incorporated in the stipulated motion and for the court to retain jurisdiction to enforce the provisions of the settlement agreement.
Ping Shun said it has received $220,000 from the supersedeas or appeal bond on Nov. 23, 2022.
On Nov. 5, 2022, Ping Shun and IPI entered into a settlement agreement “to fully and finally resolve the dispute between them,” and jointly requested the court for an order directing the release of $220,000 from the appeal bond to Ping Shun which Chief Judge Ramona V. Manglona granted on Nov. 9, 2022.
Ping Shun sued IPI on June 16, 2020.
According to the lawsuit, 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 its hotel-casino project in Garapan as well as IPI’s own employees and VIP guests. Ping Shun said IPI failed to fully pay for these services.
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, the lawsuit stated.
It added that IPI also failed to pay for spa services provided to its executives and VIP guests.
Ping Shun asked the court to issue an order directing IPI to pay its outstanding balance in the amount of $462,003.64.
On March 15, 2021, the court issued a decision granting summary judgment in favor of Ping Shun.
On April 6, 2021, the court entered a judgment in favor of the plaintiff against IPI in the amount of $443,900.50 with post-judgment interest.
On Jan. 20, 2022, Ping Shun and IPI asked the court to stay enforcement with IPI agreeing to secure an appeal bond of $445,000 to secure judgment.
On July 21, 2022, the Court of Appeals for the Ninth Circuit issued a ruling vacating the federal court’s judgment and remanding the matter to the same court for further findings.
On Sept. 29, 2022, Judge Manglona issued an order granting partial summary judgment in favor of Ping Shun in the amount of $264,484.25, but denied without prejudice summary judgment with respect to the remaining amounts in the dispute.
On Nov. 5, 2022, the parties entered into a settlement agreement to resolve their dispute.
