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Yamamoto wants suit over ship dismissed with finality
Investor Takahisa Yamamoto now wants his lawsuit over the controversial cargo ship M/V Luta dismissed with finality.
Yamamoto, through counsel George Lloyd Hasselback, is amending his motion to dismiss his lawsuit against Lt. Gov. Victor Hocog, Luta Mermaid LLC and its officers, this time seeking dismissal of all his claims with prejudice.
Dismissal with prejudice means Yamamoto can no longer re-file his lawsuit.
Yamamoto submitted the amendment in federal court. last Friday.
Early this month, U.S. District Court for the NMI Chief Judge Ramona V. Manglona ruled that, if Yamamoto does not want to seek dismissal of his lawsuit with prejudice, it is inclined to set a condition that he will be liable to pay costs and attorneys’ fees.
Citing precedent, Manglona said defense counsel expenses are not a reason to deny a voluntary dismissal motion but the court has the discretion to condition the dismissal without prejudice “upon the payment of appropriate costs and attorney fees.”
Manglona allowed Yamamoto to withdraw no later than last Friday, June 22, his motion to dismiss without prejudice and resume prosecuting his claims, or to amend it so as to seek dismissal with prejudice.
Dismissal without prejudice means Yamamoto may re-file the lawsuit.
Yamamoto recently notified the court of his intent to drop his lawsuit without prejudice.
Hocog, Luta Mermaid LLC and its officers Abelina T. Mendiola, Deron T. Mendiola, and Fidel S. Mendiola III, do not oppose dismissal without prejudice so long as it is conditioned on payment of their costs and attorneys’ fees.
In Yamamoto’s reply, Hasselback requested that if the court so conditions a dismissal without prejudice, he be permitted to withdraw his motion or to amend it to seek dismissal with prejudice.
Hasselback earlier told Saipan Tribune that M/V Luta is already in Guam and that another company now owns the vessel.
Hasselback also disclosed that Yamamoto has returned to Japan and that there was no settlement agreement reached between Yamamoto, Hocog, Luta Mermaid LLC, and its officers.
Yamamoto sued Hocog, Luta Mermaid, and its officer for allegedly refusing to pay back the $3.4 million that he put up for the vessel.
