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Hocog asks court again to dismiss Yamamoto lawsuit
Asserting that he was immune from lawsuits as his actions then were made when he was still a senator, Lt. Gov. Victor Hocog filed again a motion to dismiss Japanese investor Takahisa Yamamoto’s court action against him and the owners of cargo ship M/V Luta.
Hocog, through counsel F. Randall Cunliffe, asked the U.S. District Court for the NMI to dismiss Yamamoto’s complaint against him for failure to comply with the Federal Rules of Civil Procedure.
Citing previous court rulings, Cunliffe said legislation immunity extends beyond just speech and debate; it has been interpreted to extend to actions taken by legislatures in the course of the legislative process.
Once it is established that Hocog’s action took place within the legislative sphere, it bars a criminal or civil suit, whether it is brought against the legislator in his official and/or his personal capacity, since legislative immunity is absolute immunity.
Cunliffe pointed out that the U.S. District Court for the NMI had found that of M/V Luta was a joint venture between Yamamoto and other defendants besides Hocog.
That effectively eradicates Yamamoto’s arguments that he was to be a secured creditor and had a cause of action for breach of contract, said Cunliffe.
On that basis alone, Cunliffe argued, the court should dismiss Yamamoto’s breach of contract claim against Hocog.
Last March 8, U.S. District Court for the NMI designated judge Frances M. Tydingco-Gatewood denied Hocog’s motion to dismiss Yamamoto’s lawsuit.
Last Dec. 1, Yamamoto, through counsel George Lloyd Hasselback, filed a complaint that named Hocog, who as then-Rota senator, allegedly promised to use his political position and influence to ensure that his (Yamamoto) investment in the M/V Luta was returned with profit.
Yamamoto’s amended complaint has the same set of defendants and claims—breach of contract, fraud, and unjust enrichment.
Yamamoto is suing Hocog and the ship’s owners for allegedly refusing to pay back the $3.4 million that he funded for the vessel.
