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Hocog doesn’t object to dismissing investor’s lawsuit relating to vessel
Lt. Gov. Victor Hocog informed the U.S. District Court for the NMI last Thursday that he does not object to Takahisa Yamamoto’s motion to dismiss his lawsuit against him and the owners of cargo ship M/V Luta.
Hocog, through counsel F. Randall Cunliffe, entered his non-objection to Yamamoto’s motion to drop his lawsuit.
Yamamoto, through counsel George L. Hasselback, filed the motion to drop the case without prejudice last May 3. The court has yet to act on the motion.
Dismissal without prejudice means Yamamoto may re-file the case in the future.
At a status conference last April 26, Hasselback told the court of Yamamoto’s intent to drop his lawsuit against the controversial cargo ship M/V Luta and its owners and Hocog.
Hasselback then filed the motion to dismiss all remaining claims in the case last May 3.
U.S. District Court for the NMI Magistrate Judge Heather L. Kennedy stated that the hearing on Yamamoto’s motion to dismiss will be scheduled before Chief Judge Ramona V. Manglona, once it is filed.
William Fitzgerald appeared at the status conference as counsel for M/V Luta, its owner Luta Mermaid LLC, and Luta Mermaid officers Abelina T. Mendiola, Deron T. Mendiola, and Fidel S. Mendiola III, and Hocog.
Last April 2, Hasselback and Fitzgerald informed the court about their ongoing settlement talks.
Yamamoto is suing Hocog, Luta Mermaid, and the Mendiolas for allegedly refusing to pay back the $3.4 million that he put up for the vessel. The vessel was seized shortly after the U.S. Marshal Service seized the ship on Oct. 25, 2016. National Maritime Services was then appointed as substitute custodian of the vessel.
On Feb. 22, 2017, U.S. District Court for the NMI designated judge David O. Carter ordered the immediate release of M/V Luta to its owner, Luta Mermaid LLC, after Yamamoto reached the settlement agreement with the ship’s former custodian, NMS.
NMS sued Yamamoto for failing to pay custodian fees.
