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Pacific Rim files third application for writ of execution against IPI

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PACIFIC Rim Land Development LLC has requested the federal court to order the U.S. Marshals to seize personal properties owned by Imperial Pacific International LLC so it can pay the $6.8 million judgment entered by the court.

Pacific Rim filed a third application for writ of execution on Tuesday “to collect or identify for preservation and judicial sale the personal property belonging to IPI, including but not limited to, the furniture, fixtures, equipment, cash, and vehicles located in the Imperial Pacific Resort & Casino in Garapan.”

Pacific Rim, represented by attorney Colin Thompson, said all such personal property be either removed by Pacific Rim for safekeeping pending judicial sale or identified and preserved in place pending judicial sale all under the authority of the district court and the U.S. Marshals Service.

District Court for the NMI Chief Judge Ramona V. Manglona  previously granted the application of Pacific Rim for a writ of execution to seize money owned or controlled by IPI from  Bank of Saipan, City Trust Bank, Bank of Guam, and First Hawaiian Bank; and two escrow accounts believed to be owned by IPI at Security Title Inc. and Pacific American Title, Inc.

On April 27, the court entered a judgment in favor of Pacific Rim in its lawsuit against IPI for breach of contract and breach of promissory note.

On May 28, the court entered an amended civil judgment in favor of Pacific Rim in the amount of $6.8 million including the principal amount and attorney’s fees and costs.

IPI has not paid any sum against the judgment, Thompson said in the recent application for writ of execution.

In his declaration, he said he believes that IPI possesses valuable fixtures, furniture, equipment, cash and vehicles in the Imperial Pacific Resort & Casino in Garapan.

Thompson attached a list and photos of vehicles and heavy trucks owned by IPI.

Pacific Rim sued IPI for breach of contract for refusing to pay for services in the amount of $5.65 million. Pacific Rim said it had substantially completed or completed the agreed-upon construction work for the IPI casino-resort project on Sept. 30, 2018.

IPI has filed counterclaims against Pacific Rim for promissory fraud, fraud in the inducement as to the promissory note, violation of the Consumer Protection Act, and breach of contract.

On Tuesday, IPI filed another answer to the Pacific Rim complaint, denying its claims and asking the court to dismiss them with prejudice.

 

 

 

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