Kim request nixed but she may re-file it

Jung Ja Kim’s request for a U.S. District Court order that would enable her to collect the $2.6-million judgment against disbarred lawyer Ramon K. Quichocho and his wife, Frances, was dismissed last Tuesday.

However, she is allowed to re-file her application for an order in aid of judgment if she believes it necessary.

In dismissing the application, Chief Judge Ramona V. Mangloña said it is the court’s understanding that, at this time, she is still determining whether a hearing and order from the court is necessary.

Kim, through counsel Robert T. Torres, filed the application for an order in aid of judgment last Jan. 19, asking the court require the Quichocho couple to appear for a hearing and issue an order determining how they are to pay the judgment.

Last May 21, Mangloña directed Kim to explain why her application should not be denied.

Mangloña gave the order after no papers were filed in court in connection with Kim’s application and no hearing date was set since the last hearing on Feb. 22, 2018.

Mangloña ordered Kim to explain why her application for an order in aid of judgment should not be denied no later than last Friday, May 25.

At a Feb. 22 hearing, Mangloña ordered Kim’s lawyer to file and serve the Quichocho couple fact information sheets by Feb. 23, 2018. Mangloña gave the Quichochos 30 days to respond. After which, Kim would coordinate with the court on a new hearing date.

Torres earlier stated that he would send the information sheets containing the questions to the Quichochos about their assets to determine how they can pay Kim.

In Kim’s response to the order to show cause, Torres said he and Kim have been diligently pursuing the matter outside of court.

Torres said he intends to subpoena the Quichochos for depositions within the next month to continue determining how best to collect the judgment from them.

Torres further indicates that if the depositions suggest fraudulent transfers of the Quichochos’ properties, Kim will then request a hearing.

He said he prepared and served fact information sheets on the Quichochos following the Feb. 22 hearing, in compliance with the court’s instructions.

Torres said Mr. Quichocho, in turn, served his answers and objections to the fact information sheet on him last March 24.

Prior to receiving Mr. Quichocho’s responses, Torres said, he and Kim were preparing for mediation to explore settlement possibilities in a longstanding marital property dispute.

At the same time, the lawyer said, he and Kim were challenging an order of the Zoning Commission directing Kim’s company and another owned by another E2C investor to cease operations.

Torres said his attention was captured in responding to these intervening issues that required immediate action. At no point, however, did he and Kim wavered in their commitment to resolve this matter.

Toward this end, Torres said, he and Kim have reviewed Mr. Quichocho’s responses provided in late March 2018 and identified areas for follow up.

Torres said should there be cause to pursue what appear to be fraudulent transfers, Kim will take action to recover the properties conveyed and schedule a hearing on these matters.

In addition, Torres said, Kim will prepare to take other measures to pursue collection.

Torres concluded that he and Kim have been engaging in good faith efforts to pursue this collection action but failed in their responsibility to file appropriate paperwork with regard to a hearing date.

Torres said he takes full responsibility for his failure to communicate with the court about this matter.

Torres requested the court not to penalize Kim and to hold him solely responsible.

Because of the couple’s bankruptcy filing, in May 2015 U.S. District Court for the NMI Senior Judge Alex R. Munson suspended the proceedings pertaining to Kim’s motion for an order in aid of judgment.

Kim subsequently re-filed the motion for an order in aid of judgment after the bankruptcy case was resolved.

Kim’s racketeering lawsuit filed against the Quichochos and Quichocho’s law firm ended in 2014 with the federal jury holding the couple liable to pay $2.4 million in damages to Kim.

The court later awarded Kim $387,791 for her damages, costs, and attorney’s fees.