Judge: Storeowner’s motion vs Quichocho unnecessary

The federal court has ruled that it is unnecessary for a storeowner to file a motion for the court to continue to retain jurisdiction over a lawsuit filed by the late William A. Tracy until the attorney’s fee involving lawyer Ramon Quichohco is resolved.

In an order on Friday, U.S. District Court for the NMI Chief Judge Ramona V. Manglona said she had ordered the payment of attorney’s fees and therefore has ancillary jurisdiction to effectuate that decree.

Manglona said this was not a case that the court dismissed (due to a settlement agreement) without ever issuing any order with respect to that agreement.

“But in any event, jurisdiction to enforce the fee award is retained,” the judge said in a short order.

Attorney Mark A. Scoggins, counsel for Ming Yang Corp. that owns Ming Yang Market, filed a request in court on Thursday for the court to retain jurisdiction over the case until the fee issue is resolved.

Scoggins said their office sent on April 11 a bill to Quichocho for legal fees amounting to $1,200 for six hours of work.

Scoggins said on the day of the deadline last April 25, Quichocho sent a message notifying him that the amount was disputed.

Tracy, through Quichocho, had filed a lawsuit against several businesses on Saipan, including Ming Yang Corp., for allegedly having facilities that are not accessible to persons with disabilities. Tracy was reportedly found dead last Feb. 7.

In March, Manglona granted Quichocho’s oral motion to dismiss Tracy’s lawsuit.
Manglona stated that the court would be retaining jurisdiction solely to enforce a prior court order on the sanctions imposed against Quichocho. Once the sanctions issue is resolved, the case shall be fully closed, the judge said.

On March 6, Manglona sanctioned Quichocho for his late filing of Tracy’s opposition to a motion to dismiss the lawsuit. The judge ordered Quichocho to pay for their time all four lawyers who appeared in court at that time in preparation for the argument in their motion to dismiss. She required Quichocho to pay these costs personally and that he not charge his client, Tracy.

Quichocho later informed the court that Tracy had been found dead on Feb. 7 but that he actually passed away before that date.

Attorneys Mark Scoggins, Linn Asper, and Samuel Mok, respective counsels for Ming Yang Corp. that owns Ming Yang Market and New Ming Yang Market, Donald Bufton who owns Round II, and DKK Inc. that owns D.K. Poker, and P&A Corp. that owns P&A Laundry, moved the court to dismiss the case.