A U.S. District Court in the Commonwealth of Northern Mariana Islands has backed a contractor seeking $5.65 million from Imperial Pacific International, declining the company’s petition to dismiss the case.
The contractor, Pacific Rim Land Development, is seeking the funds for alleged non-payment of construction services, according to local media.
Judge Ramona V Manglona also granted Pacific Rim’s motion for summary judgment as to its claim for breach of promissory note. IPI counsel Joseph Horey was ordered to respond no later than April 23.
Pacific Rim is suing IPI and five unnamed alleged co-conspirators for breach of contract (construction and promissory note), and unjust enrichment,” the reports said.
Filing to dismiss the suit, IPI’s Horey argued that there was no mediation proper to the case, which was contractually required.
It’s the second time in as many weeks that the company has failed in its petition to have a lawsuit dismissed.
In March, Superior Court Associate Judge Teresa K. Kim-Tenorio said a case, brought by American Herbal Essence Group, American Create Beauty Corp. and American Dongsheng Corp., could proceed. The three companies are suing IPI for private nuisance and tortious – or deliberate – interference with prospective business advantage, according to local media reports.