{"id":362031,"date":"2022-02-15T06:06:58","date_gmt":"2022-02-14T20:06:58","guid":{"rendered":"https:\/\/www.saipantribune.com\/?p=362031"},"modified":"2022-02-15T06:06:58","modified_gmt":"2022-02-14T20:06:58","slug":"manglona-dismissal-of-case-vs-ipi-inappropriate","status":"publish","type":"post","link":"https:\/\/www.saipantribune.com\/index.php\/manglona-dismissal-of-case-vs-ipi-inappropriate\/","title":{"rendered":"Manglona: Dismissal of case vs IPI inappropriate"},"content":{"rendered":"

Although Pacific Rim Land Development LLC\u2019s has already asked the U.S. District Court for the NMI to dismiss its recent case against Imperial Pacific international (CNMI) LLC, doing so would be \u201cinappropriate\u201d pursuant to federal rule of civil procedure, said Chief Judge Ramona Manglona.<\/p>\n

According to Manglona\u2019s order, Pacific Rim made a motion in court last week, asking it to dismiss its recent case against IPI with prejudice, meaning it cannot be filed again. <\/p>\n

\"\"
Manglona<\/figcaption><\/figure>\n

Upon review of the motion, Manglona said she found that the dismissal, under federal rule of civil procedure 41, is inappropriate and thus denied Pacific Rim\u2019s motion for dismissal without prejudice. Manglona allowed Pacific Rim to file an amended motion by Feb. 18. <\/p>\n

\u201cIf the intent of Pacific Rim was to have its two sole remaining claims\u2014breach of the construction contract and unjust enrichment\u2014dismissed, a Rule 15 amendment is the appropriate mechanism,\u201d Manglona said. <\/p>\n

The judge explained that Rule 41 allows for the voluntary dismissal of an action by a plaintiff without a court order by filing a notice of dismissal before an answer or motion for summary judgment is filed, or (ii) a stipulation of dismissal signed by all parties. Otherwise, Rule 41 states that a court may dismiss an action at a plaintiff\u2019s request on terms it considers proper. <\/p>\n

In this case, however, the court found that dismissal of the entire action against IPI is inappropriate because one of Pacific Rim\u2019s claims has already been decided and judgment was entered and affirmed. <\/p>\n

She explained that on April 23, 2020, the court entered a decision and order granting Pacific Rim\u2019s motion for partial summary judgment on its breach of the promissory note claim. An amended judgment was entered in favor of Pacific Rim on May 28, 2020, in the amount of $6,909,333.43 for that claim.<\/p>\n

On Oct. 19, 2021, the 9th Circuit affirmed the court\u2019s decision and order granting partial summary judgment in favor of Pacific Rim. <\/p>\n","protected":false},"excerpt":{"rendered":"

Although Pacific Rim Land Development LLC\u2019s has already asked the U.S. District Court for the…<\/p>\n","protected":false},"author":24,"featured_media":362034,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[12497],"class_list":["post-362031","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-local-news","tag-ipi"],"_links":{"self":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/posts\/362031","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/users\/24"}],"replies":[{"embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/comments?post=362031"}],"version-history":[{"count":0,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/posts\/362031\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/media\/362034"}],"wp:attachment":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/media?parent=362031"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/categories?post=362031"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/tags?post=362031"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}