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Hocog insists he’s free again to move for dismissal of Yamamoto lawsuit
Lt. Gov. Victor B. Hocog has asserted that he is free to again move for dismissal of Japanese investor Takahisa Yamamoto’s lawsuit once the latter filed his amended complaint against him and owners of cargo ship M/V Luta.
Hocog, through counsel F. Randall Cunliffe, said Yamamoto filed a complaint to which he (Hocog) filed a motion to dismiss it.
Cunliffe said subsequent to the filing of Hocog’s motion to dismiss, Yamamoto filed a first amended complaint.
Cunliffe said the U.S. District Court for the NMI stated that because of Yamamoto’s filing of the first amended complaint, Hocog’s motion to dismiss was moot.
Hocog insisted his request to dismiss the first amended complaint in reply to Yamamoto’s opposition to his (Hocog) motion to dismiss.
Citing a violation of the Federal Rules of Civil Procedure, Yamamoto has moved to immediately dismiss Hocog’s renewed motion to dismiss.
Yamamoto, through counsel George Lloyd Hasselback, noted that Hocog previously moved for dismissal of the lawsuit under Rule 12(b) and that motion was denied last March 8.
Hasselback said Hocog has moved again for dismissal under the same Rule 12(b) without any explanation as to why he should get another bite at the 12(b) apple so to speak.
In Hocog’s reply yesterday to Yamamoto’s opposition, Cunliffe said Hocog filed a motion to dismiss the amended complaint pursuant to Federal Rules of Civil Procedure 8(a)(2) and Rule 9(b) for failure to verify the first amended complaint.
Cunliffe said Hocog has not filed a Rule 12(b)(6) motion as against the first amended complaint.
The lawyer said Hocog’s motion goes to the first amended complaint and no such motion has been made as to the amended complaint.
Last Dec. 1, Yamamoto filed his first amended complaint that directly 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.
