IPI vehicles, casino gaming machines will be seized and sold to pay USA Fanter
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THE federal court has granted the request of USA Fanter Corp. Ltd. to issue a writ of execution against Imperial Pacific International LLC so its vehicles and casino gaming machines can be seized and sold to satisfy the over $2 million judgment previously entered against the Saipan casino investor.
Chief Judge Ramona V. Manglona of the District Court for the NMI also ordered IPI to maintain the registration, insurance, and maintenance of all the vehicles and casino gaming machines subject to the execution of the writ.
“All vehicles and gaming machines shall be stored either in the underground parking lot of IPI’s hotel-casino complex in Garapan, Saipan or in IPI’s housing in Chinatown, Saipan,” she said.
Judge Manglona likewise directed the clerk of court to issue the writ of execution in the full amount of the amended judgment on vehicles and casino gaming machines of IPI identified in USA Fanter’s application for the writ.
The judge earlier issued a final judgment in favor of USA Fanter and entered a judgment for the attachment of a mechanic’s lien to IPI’s interests in a 1.567-hectare real property in Garapan in the amount of $2,089,345.28.
According to an online legal dictionary, a mechanic’s lien is a legal claim made against a piece of real estate property by suppliers or contractors who have not been paid for the work they have performed or for materials they have supplied.
On May 26, 2021, the court amended the judgment against IPI and included a money judgment in the amount of $2,089,345.28, including prejudgment interest, post judgment interest and costs.
USA Fanter, represented by attorney Colin Thompson, said IPI has not posted a supersedeas or appeal bond and has not obtained an order staying execution on the judgment.
He said the automatic stay operated only for 30 days from the date of the judgment and expired on March 14, 2021.
In a declaration, Thompson stated that the total estimated value of IPI’s vehicles and casino gaming machines amounted to $3,241,484.
USA Fanter sued IPI for its failure to fully pay the full amount due to the plaintiff under the construction contract for labor and material provided for the improvement of IPI’s real property.
The lawsuit stated that IPI has only paid USA Fanter $300,000 and the unpaid balance due is not less than $2,089,345.28.
Another contractor, Pacific Rim, also sued IPI for nonpayment of services. In that lawsuit, the federal court likewise issued a writ of execution in favor of Pacific Rim, which is also represented by Thompson.
