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Judge denies Hocog’s renewed motion to dismiss Yamamoto’s lawsuit
U.S. District Court for the NMI Chief Judge Ramona V. Manglona yesterday denied Lt. Gov. Victor B. Hocog’s second motion to dismiss Japanese investor Takahisa Yamamoto’s first amended complaint against him and owners of cargo ship M/V Luta.
Manglona said Hocog’s second motion to dismiss raises defenses that were available to him when he filed his first motion to dismiss and does not come under either of the two exceptions listed in Rule 12(g) of the Federal Rules of Civil Procedure.
Manglona does not find that addressing the second motion now would expedite a fair and just disposition of the case on the merits.
The judge ordered Hocog to file a response pleading to Yamamoto’s lawsuit no later than May 3, 2017.
On Oct. 25, 2016, Yamamoto filed a complaint against M/V Luta, Luta Mermaid LLC, and six other defendants, including Hocog. As against Luta Mermaid, Hocog, and five other defendants, Yamamoto alleged beached of contract and fraud.
On Nov. 17, 2016, Hocog filed a motion to dismiss Yamamoto’s complaint for failure to plead sufficient facts to sustain a claim of fraud.
In response, on Dec. 1, 2016, Yamamoto filed a first amended complaint. The court then determined that Hocog’s motion to dismiss was moot.
Within hours of the court’s order, Hocog filed another motion to dismiss the first amended complaint. He asserted that the first amended complaint was not verified.
On March 7, 2017, the court denied the motion to dismiss the first amended complaint having determined that the Supplemental Rules for Admiralty or Maritime Claims did not require verification of the claims against Hocog.
Last March 22, Hocog filed this motion to dismiss the first amended complaint.
In her order yesterday denying Hocog’s motion, Manglona said she does not find that the circumstances presented here warrant reaching the merits of Hocog’s second motion to dismiss the first amended complaint.
Manglona said she is not convinced that foot dragging played no part in the delay.
Manglona said the most important is that the issues have not been adequately briefed by either party.
