Takahisa Yamamoto pays NMS for custodian services of vessel

Takahisa Yamamoto has paid Florida-based National Maritime Services, the former custodian of cargo ship M/V Luta.

With the payment, U.S. District Court for the NMI Chief Judge Ramona V. Manglona vacated the scheduled Oct. 5, 2017, hearing on NMS’ request to reinstitute contempt proceedings against Yamamoto.

Manglona said that NMS has withdrawn its motion for reinstitution of the contempt proceedings against Yamamoto, indicating that the company has now been paid in full.

NMS’ counsel Sean E. Frink told the court on Wednesday that Yamamoto paid NMS that day, resolving the amounts NMS felt was its due for custodial services.

NMS had earlier asked the court to reinstate contempt proceedings against Yamamoto for failing to make monthly payments of at least $30,000 to NMS.

Alan Swimmer, president of NMS, had stated that payment to NMS in the amount of $112,994 is past due and payable as of Aug. 31, 2017.

Swimmer said Yamamoto made only one $30,000 payment after he and NMS settled and the court ordered the release of M/V Luta and put on hold the contempt proceedings against Yamamoto.

Frink had asked the court to order Yamamoto to appear in court to explain his conduct and why he should not be found in contempt and have further sanctions instituted.

Last March 8, U.S. District Court for the NMI designated judge Frances Tydingco-Gatewood temporarily placed on hold any contempt proceedings related to Yamamoto’s non-payment of outstanding amounts owed NMS.

Tydingco-Gatewood said such contempt proceedings are held in abeyance in order to give Yamamoto the opportunity to comply with the terms of the settlement agreement between him and NMS.

Yamamoto has agreed to enter a stipulated judgment in the amount of $167,627 in favor of NMS.

Last Feb. 22, U.S. District Court for the NMI designated judge David O. Carter ordered the immediate release of M/V Luta to its owner, Luta Mermaid LLC, after Yamamoto reached the settlement agreement with NMS.

Following the settlement, Carter discharged the court’s previous order to show cause against Yamamoto and relieved NMS of its duties as substitute custodian for M/V Luta.

Luta Mermaid LLC’s members are Abelina T. Mendiola, Deron T. Mendiola, and Fidel S. Mendiola III.

Carter found the settlement deal acceptable.

Yamamoto is suing Lt. Gov. Victor Hocog, Luta Mermaid, and the Mendiolas for allegedly refusing to pay back the $3.4 million that he put up for the vessel. The vessel was seized shortly after the U.S. Marshal Service seized the ship last Oct. 25. NMS was then appointed as substitute custodian of the vessel.