Another defendant in racketeering lawsuit dismissed

The federal court dismissed last week the claims against a woman who was among three defendants in a racketeering lawsuit filed by a businessman and his former company.

U.S. District Court for the NMI Chief Judge Ramona V. Manglona dismissed with prejudice the claims against Joann P. Hensley at the request of plaintiff Il Hwan Kim and his former company, KSA Corp.

Dismissal with prejudice means Kim and KSA can no longer re-file the claims against Hensley.

Kim and KSA asked the court to issue a default judgment against Hensley, Hun Jin An, and Jeong Eun Tack who allegedly continue to fail to respond to this case.

At a hearing last week on the motion for default judgment, Manglona pointed out that Hensley filed an answer and that the court did not see a proof of service filed for the motion.

Rene Homes, counsel for Kim and KSA, conferred with Kim, then moved to dismiss the claims against Hensley.

Manglona granted the motion.

Manglona had questions regarding the service of process on An. The judge said the court did not have jurisdiction on An because he was never legally served with the lawsuit.

Holmes requested for more time to research this issue.

Jennifer Dockter is the original counsel for plaintiffs Kim and KSA. Dockter had moved back to the U.S. mainland with her family.

Manglona stated that the service on Taek was proper.

Manglona gave Holmes time in order for her to review the record, case law, and to discuss the case with her client.

Holmes later contacted the courtroom deputy and requested to take the resumption of the hearing off-calendar.

Holmes said they will file a motion to withdraw their motion for default judgment and will file a motion to amend the complaint.

Kim and KSA alleged in their lawsuit that the defendants conspired to steal millions of dollars from him for his hotel and casino project on Saipan.

Aside from those three defendants, Kim and KSA Corp. also sued former House speaker Oscar M. Babauta, Department of Public Lands employee Ramon S. Salas, and 10 unnamed co-defendants pursuant to the Racketeer Influence and Corrupt Organizations Act and other causes of action.

The plaintiffs want the defendants held liable for damages, court costs, and attorney’s fees.

Last year, the court dismissed with prejudice the claims against Babauta.

Last January, Manglona also dismissed the claims against DPL employee Ramon Salas.