TO dismiss the lawsuit against Imperial Pacific International LLC, with prejudice, Pacific Rim Land Development LLC must amend its original complaint and remove two remaining claims, Chief Judge Ramona V. Manglona of the District Court for the NMI said in an issued order.
She denied without prejudice Pacific Rim’s request to dismiss with prejudice the lawsuit that the plaintiff filed against IPI for breach of construction contract, breach of promissory note, and quantum meruit.
The judge finds the dismissal of the entire lawsuit against IPI inappropriate, “given that one of Pacific Rim’s claims has already been decided and judgment was entered and affirmed.”
“Thus, if the intent of Pacific Rim was to have its two sole remaining claims — breach of the construction contract and unjust enrichment — dismissed, a Rule 15 amendment is the appropriate mechanism,” Judge Manglona added.
Pacific Rim sued IPI for refusing 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.”
Ramona V. Manglona
