Kan Pacific files notice of intent to join Receivership
Kan Pacific Saipan Ltd has filed its notice with the District Court for the NMI giving notice of its intent to join U.S.A Fanter’s receivership against Imperial Pacific International (CNMI) LLC’s vehicles and heavy equipment.
Joseph J. Iacopino, Kan Pacific’s lawyer, filed a notice with the District Court last week informing the court that his client intends to participate in the recently granted USA Fanter receivership as a judgment creditor of IPI to collect on its judgment.
Kan Pacific previously secured a judgment against IPI in the amount of $697,801.30, plus post-judgment interest.
Last month, District Court for the NMI Chief Judge Ramona V. Manglona granted USA Fanter’s request for a Limited Receivership to sell off IPI’s moto vehicles and Heavy Equipment.
Colin Thompson, who represents USA Fanter, filed a complaint against IPI alleging breach of contract back in Oct. 21, 2021.
Subsequently, USA Fanter moved the court to compel IPI to produce a witness and sought an order from the court directing IPI to show cause why sanctions should not be imposed.
IPI, for its part, did not oppose the motion.
Because IPI failed to oppose the motion and failed to produce a witness, the court ordered IPI to show cause why it should not be sanctioned for its failure to comply with the court’s order.
On October 13, 2022, District Court for the NMI Chief Judge Ramona Manglona found IPI in contempt and imposed sanctions including entering IPI in default and setting aside its answer.
The court clerk entered IPI in default on Nov. 15, 2022.
Subsequently, USA Fanter moved the court to enter default judgment against IPI in the amount of $226,127.05.
On Nov. 29, 2022, the court heard USA Fanter’s motion for default judgment and found that USA Fanter submitted sufficient evidence for the principal dollar amount of damages in the amount of $226,127.05, and based on that entered judgment in USA Fanter’s favor.
On Feb. 8, 2023, USA Fanter sought a writ of execution from the court seeking to auction IPI’s motor vehicles to satisfy its judgment.
