The federal court has dropped former House speaker Oscar M. Babauta as one of the defendants in a racketeering lawsuit filed by a businessman and his former company.<\/p>\n
U.S. District Court for the NMI Chief Judge Ramona V. Manglona granted Babauta\u2019s motion to dismiss all claims against him in the lawsuit filed by Il Hwan Kim and KSA Corp.<\/p>\n
According to the minutes of a recent hearing, the dismissal is with prejudice, which means Kim and KSA Corp. can no longer re-file the claims against Babauta.<\/p>\n
Manglona said that, after reviewing the complaint and the plaintiffs\u2019 response, it\u2019s been determined that the complaint lacks specific facts to support the claims against Babauta.<\/p>\n
The judge said that Kim has had enough time to cure these deficiencies and this was indicated to the Kim\u2019s lawyer back in June 2016, a week or so after the complaint was served on Babauta.<\/p>\n
Manglona said that Kim and KSA have yet to submit any factual basis to support an amendment of the complaint.<\/p>\n
Attorney Rene Holmes stated they were counsel of record now for plaintiffs and this was never pointed out to her before.<\/p>\n
The F. Matthew Smith law firm used to be counsel for Kim and KSA. Office of the Attorney General Civil Division chief Christopher M. Timmons served as counsel for Babauta.<\/p>\n
Holmes and attorney Brien Sers Nicholas, counsel for another defendant, Ramon S. Salas, apprised the court regarding discovery issues.<\/p>\n
Manglona set a new bench trial for Feb. 28, 2018.<\/p>\n
In Babauta\u2019s motion to dismiss, Timmons asserted that the court lacks jurisdiction because Babauta had legislative immunity and qualified immunity.<\/p>\n
Last March, Kim and KSA Corp., through counsel Jennifer Dockter, requested the court to issue a default judgment against Babauta\u2019s three other co-defendants: Hun Jin An, Jeong Eun Tack, and Joann P. Hensley.<\/p>\n
Dockter said An, Tack and Hensley continue to fail to respond to the case.<\/p>\n
Kim and KSA alleged in their lawsuit that the defendants conspired to steal millions of dollars from him for his hotel and casino project on Saipan.<\/p>\n
Kim and KSA Corp. sued the defendants pursuant to Racketeer Influence and Corrupt Organizations Act and other causes of action.<\/p>\n
The plaintiffs asked the court to hold the defendants liable to pay him damages, court costs, and attorney\u2019s fees. <\/p>\n","protected":false},"excerpt":{"rendered":"
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