Imperial Pacific International has asked the Federal Court to dismiss Kan Pacific Saipan’s lawsuit.
Northern Mariana Islands.- Imperial Pacific International’s lawyers have requested that the Federal Court dismiss Kan Pacific Saipan’s lawsuit against the casino operator. Kan Pacific is seeking a jury trial and damages, arrears, legal costs and interest for alleged breach of contract.
IPI’s attorney Joey San Nicolas said: “The plaintiff’s complaint failed to state a claim against IPI or create a genuine issue of fact upon which relief may be granted.”
San Nicholas also argued that Kan Pacific Saipan’s claims may be completely or partially prohibited by the applicable statute of limitations. He said IPI reserves the right to disclose other defences and objections based on ongoing investigations and discoveries.
The case revolves around an alleged breach of the contract signed between KPS and IPI on or about May 9, 2016. According to Mariana’s Variety, Joseph Iacopino, the lawyer representing KPS, has said that before signing the agreement, there were several disputes and potential reasons for litigation, which made each party likely to face adverse judgments.
He said IPI still needs to make annual payments due June 2020 and June 2021, which amount to more than US$400,000.
In July, Kan Pacific Saipan Ltd’s complaint against IPI was dismissed without prejudice by the Court Associate Judge Wesley Bogdan. IPI had asked the court to dismiss the case because Kan Pacific failed to join an indispensable party, the CNMI Department of Public Lands (DPL).
IPI argued that the Department of Public Lands is a third-party beneficiary to the contract in dispute and was indispensable to resolving the suit because it had additional facts and evidence needed to fully determine any liability.