Yamamoto: Hocog should not get another bite at the apple

Citing a violation of the Federal Rules of Civil Procedure, Japanese investor Takahisa Yamamoto has moved to immediately dismiss Lt. Gov. Victor Hocog’s renewed motion to dismiss his (Yamamoto) lawsuit against him and owners of cargo ship M/V Luta.

Yamamoto, through George Lloyd Hasselback, noted that Hocog previously moved for the dismissal of the lawsuit under Rule 12(b) and that motion was denied last March 8.

Hocog has moved again for dismissal under the same rule without any explanation, Hasselback said, and should be denied again without further consideration.

Asserting that he was immune from lawsuit as his then-actions were taken in the course of the legislative process when he was a senator, Hocog filed again last March 22 a motion to dismiss Yamamoto’s court action.

Hocog, through counsel F. Randall Cunliffe, asked the U.S. District Court for the NMI to dismiss Yamamoto’s complaint against him for failure to comply with the Federal Rules of Civil Procedure.

Cunliffe said Yamamoto alleges that Hocog’s position as a then-senator would benefit Yamamoto; that Hocog stated that the Municipality of Rota would help fund the operation; and that Hocog claimed he would use his political position to ensure that Yamamoto’s investment was returned with a profit.

Citing previous court rulings, Cunliffe said legislation immunity extends beyond just speech and debate; it has been interpreted to extend to actions taken by legislatures in the course of the legislative process.

Last March 8, the U.S. District Court for the NMI denied Hocog’s motion to dismiss Yamamoto’s amended lawsuit.

Designated judge Frances M. Tydingco-Gatewood ruled that because the in personam claims against Hocog and do not have to be verified, she denies the motion to dismiss Yamamoto’s amended complaint.

Last Dec. 1, Yamamoto filed a complaint that 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.

Besides Hocog, Yamamoto’s complaint named M/V Luta owners Luta Mermaid LLC, Abelina T. Mendiola, Deron T. Mendiola, Fidel S. Mendiola III, and Fidel Mendiola Jr. as defendants. He sued them for 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 put up for the vessel.