Xerox Corp. Saipan has asked the court to enter a default judgment against Imperial Pacific International (CNMI) LLC for failing to respond to its lawsuit within the time allowed.
David Banes, who represents Xerox, is asking the court to issue an order in its favor awarding them $182,905.88 for damages plus late charges and interest.
In Banes’ declaration filed with the request for entry of default, he said IPI was served with the summons and complaint on Dec. 31, 2020, but IPI has not served a responsive pleading nor filed a motion within the time provided by the federal rules of civil procedure.
Xerox filed the lawsuit with the U.S. District Court for the NMI against IPI on Dec. 23, 2020, for allegedly not paying for services rendered and equipment it rented. Xerox sued IPI for breach of contract, unjust enrichment, and quantum meruit. The lawsuit demanded the return of the devices and related equipment rented to IPI, and attorney’s fees and costs.
According to court documents, Xerox entered into a services master agreement with IPI on Feb. 26, 2016. IPI agreed to pay Xerox for services provided to IPI and its affiliates within 30 days of the corresponding invoice.
IPI also agreed to pay Xerox a late charge or 5% of the amount overdue (but not to exceed the maximum amount permitted by law) if Xerox did not receive a payment within 10 days of the due date.
Xerox could also recover interest at the rate of 1.5% per month on amounts due and immediately terminate its services if Xerox did not receive a payment within 15 days of the due date the lawsuit stated.
Xerox said it provided services and products to IPI, including printing device rental, and provision of related equipment, supplies, and customer services.
However, as of the date of the complaint, IPI has not paid all the invoices of Xerox when due, the complaint stated.