Tang’s Corporation asks court to enforce judgment against IPI

Imperial Pacific International (CNMI) LLC creditor Tang’s Corporation has asked the District Court for the NMI to enforce the judgment previously granted in its favor.

Tang’s Corporation, through attorney Mark Scoggins, has filed a motion with he District Court for the NMI for an order in aid of judgment enforcing its judgment of over $190,000 against IPI.

Scoggins stated in its motion that last September 20, the Clerk of Court entered judgment in favor of Tang’s Corporation in the amount of $78,983.76 to be paid to Tang’s, $191,070.56 to be paid to Tang’s for payment to the Department of Public Lands, and directing IPI to take possession of its property stored at Marpi.

However, IPI has not yet complied.

“Fed. R. 69(a)(l) provides for enforcement of money judgments and states that the procedure on execution-and in proceedings supplementary to and in aid of judgment or execution-must accord with the procedure of the state where the court is located, but a federal statute governs to the extent it applies. The procedure in the CNMI is set forth at 7 CMC §4205, and calls for the Court to hold a hearing on the question of the debtor’s ability to pay and determine the fastest manner in which the debtor can reasonably pay a judgment based on the finding,” Sai Scoggins.

Fed R. Civ. P. 70 pertains to enforcement of other types of judgments, specifically as to this matter the requirement that IPI take possession of its property at Marpi.

Tang’s Corporation also requests that this subject and how IPI can comply with this requirement be considered at the same hearing.

Tang’s Corporation has sued IPI over allegations of breach of construction contract agreement and consulting services.

According to the lawsuit, Tang’s Corp. and IPI entered into an agreement in 2016 for the removal of construction debris from the casino resort construction site and storing it for disposal at IPI’s expense.

Tang’s said IPI failed to pay the amounts owed under the agreement totaling $144,623.52.

IPI, for its part, asked the federal to dismiss the lawsuit with prejudice, saying that the allegations are imprecise, uninformative, and conclusory.