A federal judge has found moot acting governor Victor Hocog\u2019s motion to dismiss Japanese investor Takahisa Yamamoto\u2019s lawsuit against him and some owners of M\/V Luta.<\/p>\n
U.S. District Court for the NMI designated Judge Frances Tydingco-Gatewood issued the order yesterday after Yamamoto filed an amended complaint against Hocog and his co-defendants.<\/p>\n
Tydingco-Gatewood noted that in several paragraphs, Yamamoto\u2019s first amended complaint alleges that Hocog made specific materially false statements that induced Yamamoto to provide funding for M\/V Luta.<\/p>\n
\u201cThus on its face, the first amended complaint is responsive to the motion,\u201d the judge said.<\/p>\n
Tydingco-Gatewood vacated the hearing on Hocog\u2019s motion set for Dec. 15. She ordered Hocog and co-defendants to respond to the first amended complaint.<\/p>\n
Yamamoto, through counsel George Lloyd Hasselback, filed the original lawsuit against Hocog and some owners of M\/V Luta for allegedly refusing to pay back the $3,399,000 that he funded for the vessel. <\/p>\n
Yamamoto\u2019s original complaint only used \u201ccertain defendants\u201d to describe those engaged in the dealings.<\/p>\n
Hocog recently filed a motion asking the court to dismiss Yamamoto\u2019s lawsuit. <\/p>\n
Hocog, through Guam-based counsel Jeffrey A. Moots, asserted that there is nothing to indicate that he participated in any of the allegations.<\/p>\n
Last Dec. 1, Yamamoto filed his first amended complaint that directly named Hocog, who as then-Rota senator, allegedly promised to use his political position and influence to ensure that his investment in the M\/V Luta was returned with profit. <\/p>\n
Yamamoto\u2019s amended complaint has the same set of defendants and claims\u2014breach of contract, fraud, and unjust enrichment.<\/p>\n
In her order yesterday, Tydingco-Gatewood said Hocog asserts that the complaint fails to accuse him of any specific conduct that would support a charge of fraud.<\/p>\n
The judge said Hocog\u2019s name appears only in the caption and in one paragraph, which merely identifies him as a U.S. citizen who resides on Rota.<\/p>\n
Aside from Hocog, Yamamoto is also suing M\/V Luta, Luta Mermaid LLC, Abelina T. Mendiola, Deron T. Mendiola, Fidel S. Mendiola III, Fidel Mendiola Jr., and Robert Toelkes. Luta Mermaid LLC owns M\/V Luta.<\/p>\n
According to Hasselback in the lawsuit, Abelina Mendiola, Deron Mendiola, and Fidel Mendiola III are managers\/shareholders of Luta Mermaid. <\/p>\n
Toelkes is a resident of Berrytown, Kansas.<\/p>\n
Yamamoto\u2019s amended complaint has the same court requests. <\/p>\n
He asked the court that the vessel be condemned and sold to pay his demands, including interest and costs.<\/p>\n
Yamamoto also requested the court to recover from the defendants his attorney\u2019s fees, expenses, and court costs.<\/p>\n
The plaintiff asked the court to order defendants provide a complete and accurate accounting of the disposition of any and all funds he contributed for the purchase and operation of M\/V Luta. <\/p>\n
Last Oct. 25, U.S. Marshals Service seized the M\/V Luta after Yamamoto filed the lawsuit and U.S. District Court for the NMI Chief Judge Ramona V. Manglona directed the U.S. Marshals Service to arrest the cargo ship.<\/p>\n","protected":false},"excerpt":{"rendered":"
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