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Court dissolves TRO against recycling company

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SUPERIOR Court Associate Judge Wesley M. Bogdan at a preliminary injunction hearing held Thursday last week dissolved a previous temporary restraining order against FSM Recycling Corporation.

After the video teleconference hearing, the judge asked attorney Robert T. Torres, who represents FSM Recycling, to prepare the order.

As of press time Tuesday, Bogdan had not issued an order on the TRO.

Torres said he could only comment once the order is signed by the judge.

IPI, through attorney Robert J. O’Connor, filed a complaint in Superior Court on March 20, 2020 against FSM Recycling Corporation, its principals Fnu Cha, and Eric Cruz; Ricky Reyes; and 15 other John Does.

IPI sued FSMRC and the other defendants for conversion and has asked the court to award it damages in an amount to be proven at trial; and punitive damages in excess of $50,000, including attorney’s fees and costs. 

O’Connor also filed a motion for a TRO to prohibit FSMRC and others from “concealing or destroying all copper wire and other construction materials belonging to IPI” and allegedly under FSMRC’s possession.

Judge Bogdan granted the motion on April 16.

FSMRC has denied all the allegations in the lawsuit and filed a cross-claim against IPI and other cross-defendants for business disparagement, invasion of privacy, placing the recycling company before the public in a false light, and abuse of process.

Torres said, “FSMRC denies the formation, existence, and execution of any conspiracy of any criminal conspiracy to commit theft, receive stolen property or civil conspiracy for conversion or any other tort.”

 

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