IMPERIAL Pacific International LLC, through attorney Joey San Nicolas, has asked the federal court to dismiss with prejudice the new lawsuit filed by U.S.A. Fanter Corporation Ltd. for breach of contract.
Represented by attorney Colin Thompson, USA Fanter is alleging that IPI failed to pay a construction staging lease agreement, including quarry products and heavy equipment rentals.
The 15-page complaint is asking the District Court for the NMI to award USA Fanter general compensatory and consequential damages.
USA Fanter is also seeking $61,600 for rent, $87,772.55 for amount due for work completed under the construction contract as described in the change order, and $15,462 for the provision, supply, and delivery of quarry materials as described in an oral contract and quarry delivery slips.
Moreover, USA Fanter wants to be paid $61,292.50 for the provision, supply, delivery and rental of the heavy equipment as described in “an equipment rental contract and as evidenced in the signed invoices for the heavy equipment after delivery to IPI.”
In addition, USA Fanter is seeking attorney’s fees and costs, litigation fees and costs and all related fees and costs as otherwise may be provided by contract or by law.
USA Fanter earlier sued IPI for its failure to pay the full amount due to the plaintiff under their construction contract for labor and materials provided for the improvement of the Saipan casino investor’s real property in Garapan.
According to that lawsuit, IPI had paid USA Fanter $300,000 only and the unpaid balance due was not less than $2,089,345.28.
Chief Judge Ramona V. Manglona of the District Court for the NMI has issued a final judgment in favor of USA Fanter.
She also approved a limited appointment of receivership for the sale of IPI assets because the judgment has not been satisfied.
IPI has filed an appeal to the U.S. Court of Appeals for the Ninth Circuit.
USA Fanter also sued IPI for defamation, accusing the casino investor of making libelous statements in a press release it transmitted to and published by the local newspapers.
Following the parties’ request, Magistrate Judge Heather Kennedy rescheduled the settlement conference — which was originally set for Nov. 4 — for Nov. 29 at 1:30 p.m.
