IMPERIAL Pacific International LLC has appealed to the U.S. Court of Appeals for the Ninth Circuit the federal court’s entry of judgment awarding Ping Shun Corp.’s $443,900.50 in a breach of contract lawsuit.
Attorney Juan Lizama, who represents IPI in the lawsuit, filed a notice of appeal in the District Court for the NMI on Wednesday.
On April 1, 2021, Chief Judge Ramona V. Manglona granted the plaintiff’s motion to amend the first amended complaint and entry of final judgment based on her previous decision and order on March 15, 2021.
In that order, Judge Manglona granted Ping Shun’s motion for partial summary judgment on its fourth cause of action against IPI in the amount, including interest, of $443,900.50.
She also granted partial summary judgment on the plaintiff’s complaint regarding breach of contract of the spa services agreement.
The judge issued the ruling after the plaintiff sought to amend its first amended complaint to dismiss its two other causes of actions — breach of contract of the food services agreement and unjust enrichment — so that final judgment may be entered.
Represented by attorney Samuel Mok, Ping Shun Corp., in its initial civil complaint against IPI, 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.
The vendor also alleged a breach of residential lease agreement related to the housing of some of IPI’s employees and/or construction workers.
The vendor said 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.
In addition, IPI failed to pay for spa services provided to its executives and VIP guests, the lawsuit added.
Ping Shun asked the court to issue an order directing IPI to pay the outstanding balance in the amount of $462,003.64.
