M/V Luta custodian seeks $82K payment
The custodian of cargo ship M/V Luta asked the federal court yesterday to require Japanese investor Takahisa Yamamoto to pay it a total of $82,463.33 for custodian services from October to December 2016.
National Maritime Services Inc., through counsel Sean E. Frink, asked the U.S. District Court for the NMI to require Yamamoto to immediately pay the company $33,980.28 covering the period from Oct. 23 to Nov. 30, 2016.
Frink also asked the court to order Yamamoto to pay the estimated $48,502.05 in anticipated custody charges for December 2016.
National Maritime wants to be paid a total of $82,462.33 within 72 hours.
National Maritime Services president Alan Swimmer, in his declaration filed in court yesterday, stated that their company, based in Fort Lauderdale, Florida, provides marine vessel custodial services.
Swimmer said NMS has previously been appointed by the court to act as the substitute custodian for M/V Luta.
Swimmer said invoice for services rendered in October and November 2016 as well as written estimate for services rendered in December 2016 were presented to Yamamoto and his counsel last Nov. 22.
To date, Swimmer said, neither of the invoices have been paid.
“As a result, payment to NMS is past due and NMS could potentially withdraw as vessel custodian upon three days advance notice if payment is not rectified immediately,” Swimmer said.
Yamamoto is suing Lt. Gov. Victor Hocog and the owner/operators of M/V Luta. In his lawsuit, Yamamoto alleged that Hocog and co-defendants refused to pay back the $3.4 million that he put up for M/V Luta.
Yamamoto, through George Lloyd Hasselback, is suing Hocog, M/V Luta, Luta Mermaid LLC, Abelina T. Mendiola, Deron T. Mendiola, Fidel S. Mendiola III, Fidel Mendiola Jr., and Robert Toelkes.
Yamamoto is suing them for breach of contract, fraud, and unjust enrichment.
The U.S. Marshal Service seized M/V Luta last Oct. 25 and appointed National Maritime Services Inc. as custodian.
After Yamamoto filed the case in federal court, two companies and crewmembers of M/V Luta also joined in the lawsuit.
It was former Department of Public Lands secretary John DelRosario who first filed a lawsuit against Hocog over the M/V Luta. Last May, DelRosario filed the taxpayer’s lawsuit against Hocog and Finance Secretary Larrisa Larson over the alleged adoption of a Rota Legislative Delegation Resolution 19-3 without public notice that purportedly authorized payment of $400,000 to Luta Mermaid, a private company owned by Hocog’s relatives.
Interesting, almost $34K for the first month, then almost $49K for the second month. How much will it be for the third month another $20K up?
I have dealt with this company,I have no complaints, I made money, but this company is most likely the most expensive company around in this type of business. I am surprised that this cost is being requested of the claimant as it should be from the sale of the vessel.
SO, the question is just how much more money will Mr. Yamamoto be willing to throw after bad. (if any) I hope he (and attorney) realizes that his chances of recovery even half of his “investment” is close to nil and the longer this carries out will will be less and less. As it looks that it is about $1k a day and climbing.
Best this court (and claimant) take another course of action such as move this vessel to the dock and hire a security guard firm with an appropriate individual to do daily safety checks on the vessel to ensure it is not taking on water etc. until after the required 4 months required time before any type of sale can be made.
Personally I would have made a deal with Ambyth to take custody of this vessel as they have the people on the ground and the local resources to wait out a judgement in this case.
http://www.maritimelawcenter.com/html/arrest_of_vessel.html
http://www.bluesteinlawoffice.com/Maritime-Law-Articles/STOP-You-Are-Under-Arrest.shtml
As Mr. Yamamoto is not the legal owner of the ship, how can they bill him for the services? Also National Maritime Services fees seem a bit high. Looks like everybody wants a piece of the action, but it looks like nobody will get anything except legal fees.