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Imperial Pacific settles Tropical Gardens’ lawsuit
Imperial Pacific International (CNMI) LLC has settled a lawsuit filed in federal court by Tropical Gardens Inc., which alleged that IPI failed to pay for plant materials that were supplied and installed at the Imperial Pacific Resort Hotel project in Garapan.
Imperial Pacific counsel Robert J. O’Connor and Tropical Gardens counsel Daniel T. Guidotti informed the U.S. District Court for the NMI yesterday that the parties reached a settlement at a conference last June 2.
O’Connor and Guidotti said the parties signed the settlement agreement last Thursday.
The terms of the settlement were not disclosed.
With the settlement, the lawsuit is dismissed.
Each party will bear its own attorneys’ fees and court costs.
U.S. District Court for the NMI Magistrate Judge Heather L. Kennedy presided over the June 2 settlement conference.
At the conference, Guidotti was present with Tropical Gardens Inc. president Francisco Aldan and Tropical Gardens office manager Sunny Aldan.
O’Connor was present with IPI legal department vice president Chuck McDonald and IPI vice president of operations Donald R. Browne.
In Imperial Pacific’s answer and defenses to the lawsuit filed last March, O’Connor asserted that Tropical Gardens has failed to join parties necessary and indispensable to this court action under Federal Rules of Civil Procedure.
O’Connor pointed out that any injuries or damage allegedly sustained by Tropical Gardens were caused solely by the conduct of third persons, entities, or parties for whom Best Sunshine is not responsible.
Tropical Gardens sued Imperial Pacific International, which is doing business as Best Sunshine International, and 10 unnamed co-defendants, for breach of contract, promissory estoppel, and unjust enrichment.
In the lawsuit, Guidotti asked the court to hold Imperial Pacific and co-defendants liable to pay the company to compensate it for lost profits and out-of pocket expenses under the supply and installation contracts.
Tropical Gardens was allegedly forced to release more than half of its workers a few days before 2016 Christmas, used all of its cash reserves, halted its performance under the supply purchase order and the installation bid, and incurred taxes and other debts.
