IMPERIAL Pacific International LLC, through attorney Kevin Abikoff, has requested the federal court to amend the scheduling order and grant the casino investor leave to amend its pleadings to assert counterclaims against its former contractor, Pacific Rim Land Development LLC.
IPI said Pacific Rim’s breach of the construction contract excuses any failure by IPI to make payment under that contract, and that IPI’s obligation to make payment to Pacific Rim is partially or completely off-set by the damages caused by Pacific Rim’s breach.
In its counterclaims, IPI asserted (1) breach of contract related to the construction contract; (2) unjust enrichment based on Pacific Rim not paying employees according to the wage schedule included in the Construction contract; and (3) unjust enrichment related to the promissory note.
Chief Judge Ramona V. Manglona of the District Court for the NMI continued the hearing for March 4, 2022 at 8:30 a.m.
Recently, she denied Pacific Rim’s motion to dismiss with prejudice its lawsuit against IPI.
In her ruling, she said Pacific Rim must amend its original complaint and remove two remaining claims to effectuate dismissal.
Pacific Rim sued IPI for breach of construction contract, breach of promissory noted, and quantum meruit or a claim for a reasonable sum in respect of services or goods supplied to the defendant.
According to Pacific Rim, IPI refused to pay for services in the amount of $5.65 million after the contractor substantially completed or completed agreed-upon construction work for IPI’s casino-resort project on Sept. 30, 2018.
On April 27, 2020, the District Court for the NMI entered judgment in favor of Pacific Rim in the amount of $5.65 million, which IPI appealed on May 21, 2020.
On May 28, 2020, the federal court entered a final judgment in favor of Pacific Rim in the amount of $6.9 million including the principal amount and attorney’s fees and costs.
IPI appealed the final judgment to the U.S. Court of Appeals for the Ninth Circuit, which upheld the final judgment on Oct. 20, 2021.
On Nov. 19, 2021, Judge Manglona granted Pacific Rim’s motion to release to Pacific Rim the $5.52 million held in an investment portfolio consisting of short-term U.S. government bonds with Merrill Lynch, Pierce, Fenner & Smith Inc.
An IPI investor, Pacific International Property Management LLC, earlier placed $5.52 million “within the absolute discretion of the [federal] court for the purpose of securing a stay and paying on the judgment in the event that Pacific Rim prevailed in the appeal.”
In its recent motion to dismiss, Pacific Rim said it has no more claims in the case and is content with its victory on the promissory note.
