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Hocog served with summons over M/V Luta
Japanese investor Takahisa Yamamoto has already served Lt. Gov. Victor Hocog with a federal summon in connection with his lawsuit against Hocog and some owners/operators of the shipping vessel M/V Luta.
Yamamoto, through George Lloyd Hasselback, filed on Wednesday before the U.S. District Court for the NMI a copy of the summons.
According to court documents, process server Rainaldo S. Agulto personally served the summons on Hocog at a residence in As Lito last Oct. 28 at 4:40pm.
The summons, which was issued by U.S. District Court for the NMI clerk of court Heather L. Kennedy on Oct. 28, gave Hocog 21 days to answer Yamamoto’s lawsuit.
“If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court,” the summons told Hocog.
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 alleged that Hocog and co-defendants refused to pay back the $3.4 million that he put up for M/V Luta. He asked the court that the vessel be condemned and be sold to pay his demands, including interest and cost.
With the filing of the lawsuit, the U.S. Marshal Service seized M/V Luta last Oct. 25 pursuant to the court’s warrant for the maritime arrest of the cargo ship.
The U.S. Marshal Service then appointed the National Maritime Services Inc. as custodian of the vessel.
