A former contractor of the Imperial Pacific International (CNMI) LLC, has asked the federal court to dismiss IPI’s counterclaims against it.
In a motion filed Wednesday, Pacific Rim Land Development LLC, through counsel Colin M. Thompson, said the U.S. District Court for the NMI should consider its request to dismiss as unopposed because IPI failed to file an opposition.
Pacific Rim asked the court to dismiss IPI’s counterclaims in their entirety.
Pacific Rim further asked the court to order IPI to pay the company attorney’s fees in bringing its motion to dismiss.
Thompson said Pacific Rim filed and served its motion to dismiss IPI’s counterclaims last June 23, yet IPI did oppose the motion by the deadline last July 7. On July 8, the parties in the lawsuit appeared in a status conference.
Thompson said he told the court at that status conference that he was contacted by IPI’s new attorney and he had expected IPI’s counsel to enter an appearance and submit a request to extend time to file IPI’s opposition.
Last July 13, Thompson said, IPI’s new counsel George Hasselback filed a notice of appearance, but did not file a request to extend the due date for the opposition.
At a status conference in this case last July 15, Thompson said he informed the court that Pacific Rim would agree to give IPI more time to file its opposition as a courtesy to IPI’s new attorney. The court ordered IPI to file its opposition no later than July 22, 2020.
To date, Thompson said, IPI has not filed or serve any papers in opposition to Pacific Rim’s motion to dismiss.
Pacific Rim is suing IPI and five unnamed alleged co-conspirators for breach of contract (construction and promissory note), and unjust enrichment. Pacific Rim claimed to have substantially completed or completed the agreed upon construction work on Sept. 30, 2018.
IPI then countersued for promissory fraud, fraud in the inducement as to the promissory note, violation of Consumer Protection Act, and breach of contract. IPI, through Hasselback, amended its lawsuit against Pacific Rim for promissory fraud, fraud in the inducement as to the promissory note, breach of contract, and unjust enrichment.