Manglona removes IPI’s amended counterclaims
U.S. District Court for the NMI Chief Judge Ramona V. Manglona has directed the court’s clerk to strike or remove from the docket Imperial Pacific International (CNMI) LLC’s amended counterclaims against IPI’s former contractor, Pacific Rim Land Development LLC.
In an order Thursday, Manglona said more than 21 days have passed since IPI served its answer and counterclaims against Pacific Rim and Pacific Rim served its motion to dismiss the counterclaims. Therefore, the judge said, IPI cannot amend its pleading as a matter of course. She said IPI may do so with opposing party’s written consent or the court’s permission.
“However, IPI did not provide written consent from Pacific Rim nor has it obtained permission to amend from the court,” Manglona said. If IPI wants to amend its counterclaims, the judge said it must do so in accordance with Federal Rules of Civil Procedure.
Last April 16, IPI filed its answer to Pacific Rim’s second amended complaint and counterclaims.
After the court extended the filing deadline twice, Pacific Rim filed a motion to dismiss IPI’s counterclaims last June 23.
In striking IPI’s amended counterclaims, Manglona said IPI did not file an opposition within the 14 days provided under the rules; however, considering IPI’s change in counsel, and Pacific Rim counsel Colin Thompson’s statements to the court that he has been in discussions with IPI’s new counsel to agree on new deadlines, the court extended the deadline for IPI to file its opposition to the motion to dismiss to July 22, 2020.
Manglona said that, instead of filing an opposition, IPI amended its counterclaims.
In its amended counterclaims, IPI, through new counsel George Lloyd Hasselback, sued Pacific Rim for promissory fraud, fraud in the inducement as to the promissory note, breach of contract, and unjust enrichment.
Hasselback alleged, among other things, that IPI lost about $89,342,352 in operations revenue at the site of IPI’s casino/resort project in Garapan due to the delays associated with Pacific Rim’s “unworkmanlike performance.”