Manglona dismisses lawsuit over M/V Luta
U.S. District Court the NMI Chief Judge Ramona V. Manglona dismissed on Monday Takahisa Yamamoto’s remaining claims with prejudice in his lawsuit over the controversial cargo ship M/V Luta.
Dismissal with prejudice means that Yamamoto can no longer re-file his lawsuit.
Manglona said no costs or attorney’s fees are awarded and ordered the court clerk to close the case
On May 3, 2018, Yamamoto moved to dismiss all unsettled claims without prejudice.
However, Lt. Gov. Victor B. Hocog, Luta Mermaid, and its officers appealed the court to ask for dismissal on Yamamoto’s payment of costs and attorney fees.
Yamamoto insists that he should not be penalized for this set of condition, thinking that he should have the chance to withdraw or amend his motion to seek dismissal with prejudice.
He requested that if the court was prompted to impose it that he be authorized to amend the motion to seek dismissal with prejudice.
On June 6, 2018, Manglona issued an order to condition dismissal without prejudice on payment of costs and attorney fee’s.
It gave Yamamoto leave to amend to seek an unconditional dismissal with prejudice
Yamamoto sued Hocog, Luta Mermaid, and its officer for allegedly refusing to return back the $3.4 million that he put into the vessel.