Pacific Sky Lite Hotel v Penta Ocean [2011] FMSC 57; 18 FSM Intrm. 109 (Pon. 2011) (20 December 2011)

FSM SUPREME COURT TRIAL DIVISION

CIVIL ACTION NO. 2011-020

PACIFIC SKY LITE HOTEL,
Plaintiff,

vs.

PENTA OCEAN,
Defendant.
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DECISION AND ORDER RE: MOTIONS TO CONSOLIDATE AND TO AMEND ANSWER

Dennis K. Yamase
Associate Justice

Hearing: December 7, 2011
Decided: December 20, 2011

APPEARANCES:

For the Plaintiff: Yalmer Helgenberger, pro se

P.O. Box 1687

Kolonia, Pohnpei FM 96941

For the Defendants: Fredrick L. Ramp, Esq.

Ramp & Mida Law Firm

P.O. Box 1480

Kolonia, Pohnpei FM 96941

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HEADNOTES

Civil; Procedure - Pleadings - Amendment
The court will allow the defendant to amend its answer when the action is still in the discovery stage since it is in the interest of justice to allow the amendment and leave to amend a pleading shall be freely given when justice so requires. Pacific Sky Lite Hotel v. Penta Ocean, [2011] FMSC 57; 18 FSM Intrm. 109, 110 (Pon. 2011).

Civil Procedure - Consolidation
The court may consolidate actions involving a common question of law or fact. Pacific Sky Lite Hotel v. Penta Ocean, [2011] FMSC 57; 18 FSM Intrm. 109, 110 (Pon. 2011).

Civil Procedure - Consolidation
A motion for consolidation will be granted when common questions of law and fact are involved in both civil matters, when it is in the interest of judicial economy and efficiency, when it will avoid unnecessary costs or delay, and when there is no opposition. Pacific Sky Lite Hotel v. Penta Ocean, [2011] FMSC 57; 18 FSM Intrm. 109, 110 (Pon. 2011).

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COURT'S OPINION

DENNIS K. YAMASE, Associate Justice:

On December 7, 2011, a hearing was held on the Defendant Penta Ocean's motions to consolidate and to amend answer that were filed on August 30, 2011 and June 15, 2011, respectively. The Plaintiff Pacific Sky Lite Hotel (Pacific Sky Lite) is represented pro se by Yalmer Helgenberger, the owner of the Pacific Sky Lite Hotel who was present at the hearing. The Defendant Penta Ocean is represented by the Ramp & Mida Law Firm and Fred Ramp, Esq. was present at the hearing.

The Plaintiff Pacific Sky Lite has filed no responses to the motions. The hearing allowed the Pacific Sky Lite, who is being represented pro se, an opportunity to respond to the motions. The Court considered the statements, arguments, and filings of the parties and issues the following decision and order.

Penta Ocean filed a motion to consolidate removed cases PCA No. 106-11 and PCA No. 500-11 and a motion to amend its answer. At the December 7th hearing, the Pacific Sky Lite made no objections to Penta Ocean's motions.

FSM Civil Rule 15(a) allows a party to amend its pleading anytime within 20 days of being served. After 20 days, "a party may amend the party's pleading only by leave of court or by written consent of the adverse party." Id.

FSM Civil Rule 15(a) further states that, "leave shall be freely given when justice so requires." Id. As the above action is still in the discovery stage, it is in the interest of justice to allow Penta Ocean to amend its pleading.

Further, the Pacific Sky Lite stated that it had no objection to Penta Ocean's motion to consolidate. FSM Civil Rule 42(a) states as follows:

When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated; and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.

The Court may consolidate actions involving a common question of law or fact. The above action involves common questions of law and fact with Captain Osias Camacho et al. v. Penta Ocean Construction Co. et al., Civ. Act. No. 2011-022, which involves a contract dispute between some foreign workers who were brought to Pohnpei by Penta Ocean. Both the plaintiffs Captain Osias Camacho et al. and the Pacific Sky Lite claim, among other things, that Penta Ocean is responsible for the lodging and food the Pacific Sky Lite has provided to the workers since their arrival in Pohnpei.

Since common questions of law and fact are involved in both civil matters, in the interest of judicial economy and efficiency, to avoid unnecessary costs or delay, and there being no opposition by the Pacific Sky Lite, Penta Ocean's motion for consolidation is hereby granted. For the reasons, discussed above, Penta Ocean's motion to amend its answer is granted.

The Court orders this case consolidated with Civ. Act. No. 2011-022. These actions will be consolidated under Civ. Act. No. 2011-022 and all future filings in this matter are to be filed under Civ. Act. No. 2011-022. This consolidated civil action will continue to be handled by the Justice presiding in Civil Action No. 2011-022.

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