ATTORNEY Colin M. Thompson has filed a limited opposition to the motion of Hughes Hubbard & Reed to withdraw from representing Imperial Pacific International LLC.
“IPI is a corporation, and without an attorney, they are unable to represent itself,” said Thompson, who represents Pacific Rim Land Development LLC, which successfully 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 Oct. 20, 2021, the U.S. Court of Appeals for the Ninth Circuit upheld the district court’s judgment.
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.
An IPI investor, Pacific International Property Management LLC, earlier placed $5.52 million “within the absolute discretion of the court for the purpose of securing a stay and paying on the judgment in the event that Pacific Rim prevailed in the appeal.”
In March 2023, District Court for NMI Chief Judge Ramona V. Manglona directed the federal court clerk to close the case.
In her seven-page order, the judge granted Pacific Rim’s motion to dismiss with prejudice the lawsuit it filed against IPI for breach of construction contract.
In his limited opposition to the motion of Hughes Hubbard & Reed to withdraw dated Aug. 30, 2023, Thompson said, “Thompson Law’s Client Trust Account currently retains $81,559.05 in trust pursuant to the court’s order. Pacific Rim retains a claim for attorneys’ fees and costs.”
Parties have engaged in settlement discussions and a settlement offer was extended and remains pending, he added.
“In fashioning its order on the motion to withdraw, Pacific Rim anticipates that the Court will protect Pacific Rim’s rights, avoid unnecessary delay, and ensure that IPI is informed of the consequences of their counsel’s motion,” Thompson added.
Attorney Kevin T. Abikoff and Samuel W. Salyer of Hughes Hubbard & Reed LLP, currently counsel of record for IPI, have asked the court permission to permit them to withdraw from further representation of IPI.
“Withdrawal at this stage would not cause any harm to the administration of justice. This matter is at a final stage and counsel has diligently represented Defendant since appearing in this matter. The court has directed the Clerk to close the case. In the event that any further action in this matter is contemplated, Defendant has sufficient time to obtain replacement counsel that will provide capable representation. Hughes Hubbard has informed IPI of its intention to withdraw and of its need to obtain substitute counsel,” Salyer said.
“Here, counsel’s request to withdraw from the representation is based on professional considerations. Counsel is willing to provide additional information to the Court in camera regarding these professional considerations should IPI grant its informed consent to counsel to discuss these matters, or as directed by the Court,” he added.
