Saipan casino operator Imperial Pacific International (CNMI) LLC has filed a motion asking the US District Court for the Northern Mariana Islands to dismiss a suit brought by a former junket partner seeking the return of US$352,000 in deposits.
According to a report by The Saipan Tribune, IPI has asked the court to dismiss the claims by BigBang Entertainment LLC – which was licensed to provide junket operations from August 2019 to August 2021 – on the basis that it has failed to state a claim upon which relief can be granted.
Big Bang is claiming a breach of fiduciary duty, which IPI is specifically disputing, as well as breach of contract, sum certain, conversion by demand and refusal, non-gratuitous bailment and unjust enrichment.
IPI’s lawyer Matthew Holley said BigBang had failed to plead specific facts that supported its allegations of a breach of fiduciary duty.
“Accordingly, the court should dismiss BigBang’s fifth cause of action; negligent breach of fiduciary duty,” the motion reads.
“BigBang’s fifth cause of action is based entirely on the existence of a fiduciary relationship between BigBang and IPI. As explained, general common law, as followed by the Commonwealth, does not recognize a fiduciary relationship between a casino operator and a junket operator without an explicit agreement by IPI to act as a fiduciary for the benefit of BigBang, either in the junket agreement or any other agreement between the parties.
“On its face, therefore, BigBang’s fifth cause of action, negligent breach of fiduciary duty, fails to state a claim upon which relief may be granted. Similarly, the court should dismiss BigBang’s sixth cause of action, intentional breach of fiduciary duty.”
BigBang alleges that it entered into a junket agreement with IPI in September 2016 under which the junket would market IPI’s casino – Imperial Palace • Saipan – and introduce VIP customers.
BigBang then proceeded to deposit front money into the casino cage at various times, with the cage said to have been holding almost US$352,000 from BigBang’s deposits as of early 2020.
However, IPI’s casino was ordered closed on 16 March 2020 due to the COVID-19 pandemic with BigBang subsequently requesting a refund of the full US$352,000 amount being held by IPI.
According to BigBang’s lawsuit, IPI never responded to any of the junket’s requests and never returned the money.
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