Previous Story
M/V Luta custodian sues Yamamoto in Florida
The Florida-based custodian of cargo ship M/V Luta has filed a lawsuit against Japanese investor Takahisa Yamamoto before the U.S. District Court Southern District of Florida for allegedly failing to pay $123,999 in custodial fees.
Attorney Sean Frink, counsel for National Maritime Services Inc., informed the U.S. District Court for the NMI on Friday about NMS’ lawsuit against Yamamoto in Florida.
NMS, through Patrick E. Novak, filed the lawsuit last Jan. 25, suing Yamamoto for breach of contract.
Novak filed a lawsuit against M/V Luta and the vessel was then arrested in the Port of Saipan.
Novak said at Yamamoto’s request, NMS was appointed the substitute custodian for M/V Luta.
Novak said pursuant to the commercial vessel custody agreement, NMS provided vessel arrest and custody services to the vessel from Oct. 23, 2016, through Jan. 23, 2017, and continue to provide such services to the ship.
The lawyer said as of the filing of this complaint, NMS remains the substitute custodian for M/V Luta.
Novak said despite demands for payment, Yamamoto has failed to pay.
At a hearing on Friday, Frink informed U.S. District Court for the NMI designated Judge Frances Tydingco-Gatewood that the custodian fees now amount to $189,323.
Yamamoto paid only the initial payment of $30,000.
On Friday, Tydingco-Gatewood directed Yamamoto to pay by today, Tuesday, $130,406 as his share in the $189,323 in custodial fees. Three other groups were also ordered to pay their share in custodial fees.
Tydingco-Gatewood said after amount is paid to NMS, M/V Luta would be released back to its owner, Luta Mermaid LLC and the Mendiolas.
Abelina T. Mendiola is president of Luta Mermaid; Luta Mermaid’s members are Deron T. Mendiola and Fidel S. Mendiola III.
