IMPERIAL Pacific International LLC, its parent company IPI Holdings Ltd., and Pride Keen Ltd., have denied any liability for the costs of salvaging their yacht, Grand Mariana.
Represented by attorneys Kevin T. Abikoff, Samuel W. Salyer, and Joey P. San Nicolas, the registered owners of Grand Mariana are asking the federal court to rule in their favor and dismiss with prejudice the complaint filed by the U.S. Department of Justice-Aviation, Space & Admiralty Litigation.
The lawsuit seeks to recover $1.39 million from the owners of the yacht for the costs of the “Grand Mariana incident and removal action” in response to the potential threat of oil spill after Super Typhoon Yutu made landfall in the Northern Marianas in Oct. 2018.
The defendants were sued for liability under the Oil Pollution Act of 1990.
In response to the complaint, the yacht owners, through their attorneys, stated that the allegations failed to state a claim upon which relief can be granted.
“To the extent that the United States failed to mitigate its alleged damages, its recovery, if any, must be reduced accordingly,” the defendants stated. “The United States’ claims are barred by estoppel, release, or waiver, by the applicable statute of limitations, by the doctrine of laches, and by statutory limitations on liability.”
The defendants also pointed out that Pride Keen is a separate, distinct, and independent entity from IPI CNMI and IPI Holdings, and is not an agent or alter ego of IPI CNMI or IPI Holdings.
“Defendants reserve the right to assert other affirmative defenses that may be disclosed in the course of discovery and/or investigation,” they added.
On Jan. 10, 2022, District Court for the NMI Chief Judge Ramona V. Manglona granted the stipulation of the parties to set aside an entry of default against the defendants in the case.
The court previously entered a default against the defendants for failing to file an answer to the USDOJ complaint.
Grand Mariana
