Japanese investor Takahisa Yamamoto has offered no legal reason to insist on the sale of M\/V Luta since it will put him in a worse position, according to the owner\/operators of the vessel.<\/p>\n
In fact, based on the evidence in the record, Yamamoto was never entitled to a maritime lien on M\/V Luta, according to lawyer William M. Fitzgerald, who represents defendants Luta Mermaid LLC, its president Abelina T. Mendiola, and members Deron T. Mendiola, and Fidel S. Mendiola III.<\/p>\n
Fitzgerald asked the U.S. District Court for the NMI to invalidate the lien and invalidate its order to sell M\/V Luta.<\/p>\n
Fitzgerald said that Yamamoto withdrew his motion to bar any other parties to intervene in his lawsuit to prevent other intervenors from coming forward additional claims.<\/p>\n
Defendants have attempted to settle with the three existing intervenors but a fourth has appeared, Rota Terminal & Transfer Co. Inc., which claims that M\/V Luta owes it $165,766 in services, costs, fees, and interest. <\/p>\n
Fitzgerald said an additional claim of $165,766, which will be paid before Yamamoto\u2019s claim, makes it more unlikely that he will receive anything if the vessel is sold.<\/p>\n
The lawyer said setting aside the order for the sale of M\/V Luta and releasing the vessel, contingent upon the agreement by the three other intervenors to settle with M\/V Luta, gives Yamamoto a better chance to recover, than allowing the sale to go forward.<\/p>\n
He said if M\/V Luta is sold, the three intervenors\u2014former captain of M\/V Luta and six crewmembers, Long Consulting LLC, and Norton Lilly International\u2014would all recover their entitlement before Yamamoto would receive anything. <\/p>\n
Fitzgerald said the three intervenors have claims, which could total more than $1 million and it is unlikely that the vessel would fetch that much at an auction.<\/p>\n
The captain and crew members are demanding payment of $183,648 in unpaid wages, while Long Consulting is claiming $300,000 in unpaid services. Norton Lilly is claiming $131,801 in unpaid services. <\/p>\n
Last week, the fifth claimant, the Commonwealth Ports Authority, filed a complaint to collect $20,463 in alleged unpaid services.<\/p>\n
Yamamoto is suing Lt. Gov. Victor Hocog and the owner\/operators of M\/V Luta for allegedly refusing to pay back the $3.4 million that he put up for the vessel. <\/p>\n
After Yamamoto filed the lawsuit last Oct. 25, the U.S. Marshal Service seized the ship. The National Maritime Services was then appointed as custodian of the vessel. <\/p>\n","protected":false},"excerpt":{"rendered":"
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