Firm named custodian of M/V Luta

The U.S. Marshals Service has appointed the National Maritime Services Inc. as custodian of the cargo ship M/V Luta, which was seized on Tuesday after Japanese investor Takahisa Yamamoto filed a civil complaint in federal court against Lt. Gov. Victor Hocog and some owners of the ship.

According to documents filed yesterday by the U.S. Marshals Service before the U.S. District Court for the NMI, the National Maritime Services Inc. shall safely keep, and not allow anyone to “remove, molest or in any manner interfere with the [vessel], save upon the order of the U.S. Marshal of said District.”

According to court documents, it was U.S. District Court for the NMI clerk of court Heather L. Kennedy who issued on Tuesday a warrant for the maritime arrest of M/V Luta and not Chief Judge Ramona V. Manglona, as earlier reported.

George Lloyd Hasselback, counsel for Yamamoto, explained that the “maritime arrest” of M/V Luta means that the federal court takes the vessel under its jurisdiction and hold on to it under the civil claims are disposed of.

“The ship has been seized. My understanding is that the ship has not been in operation about the last two and a half weeks anyway,” Hasselback said. “But as it stands right now, the ship is in the possession of the U.S. District Court. It’s in the court’s care right now.”

Hasselback said the company that they retained will serve as a substitute custodian on behalf of the U.S. Marshal Service.

He said the company will run the ship and take care of it until all of the claims in Yamamoto’s lawsuit are resolved.

Hasselback said one of the things that they asked the court on Tuesday was to appoint a substitute custodian instead of the U.S. Marshal Service.

“Because the general procedure in this is having a custodian on board as opposed to the U.S. Marshals,” he said.

In the lawsuit, Yamamoto alleged that Hocog and co-defendants refused to pay back the $3.4 million that he put up for the vessel.

Aside from Hocog, Yamamoto is suing M/V Luta, Luta Mermaid LLC, Abelina T. Mendiola, Deron T. Mendiola, Fidel S. Mendiola III, Fidel Mendiola Jr., and Robert Toelkes.

Yamamoto is suing them for breach of contract, fraud, and unjust enrichment.

Yamamoto asked the court that the vessel be condemned and be sold to pay his demands, including interest and costs.