Manglona orders Dynasty owner to pay $1.4M to 2 plane survivors

U.S. District Court for the NMI Chief Judge Ramona V. Manglona yesterday ordered the owner of Tinian Dynasty Hotel and Casino to pay $1.4 million to two plane crash survivors to satisfy their settlement agreements.

Manglona said Hong Kong Entertainment (Overseas) Investment Ltd. shall pay $606,723.10 to Tomoyuki Nagata and $769,229.61 to Dr. Jun Takimoto and his family collectively, or for a total of $1,375,952.71.

Manglona said in accordance with a motion filed by plaintiffs Nagata and Takimoto to enforce terms of settlement agreement and supporting documentation, the principal debt to Mr. Nagata equaled 64,942,410.59 yen, while the principal debt to Dr. Takimoto and his family equaled 84,811,324.71, after HKE’s most recent payment on Nov. 30, 2015.

Including accrued interest at 10 percent per annum plus for monthly payments of 200,000 yen though Oct. 5, 2016, in total and at the rate of 113.30 yen to $1, in sum HKE owes $606,723.10 (68,741,727.20 yen) to Nagata, and $769,229.61 (87,153,714.59 yen) to Dr. Takimoto and his family.

Manglona issued the order after hearing plaintiffs’ motion to enforce the terms of settlements and for entry of judgment last March 10.

HKE, through counsel G. Anthony Long, submitted a notice of no opposition and no appearance.

Manglona granted the motion and ordered that the court shall retain jurisdiction to enforce this judgment.

Manglona awarded post-settlement costs to plaintiffs.

The judge said pending further court’s order, HKE shall refrain from the sale or transfer of any of its personal property, except in the normal course of business.

The plaintiffs, through counsel Richard W. Pierce, earlier claimed that HKE owes them at least $1.3 million for breaching their settlement agreements.

According to the minutes of the hearing, the judge stated that all the facts represented had been adequately shown by the supporting documents, as well as the affidavits, and HKE’s non-opposition to the motion.

Pierce said his clients believe that the better way to proceed is through a freeze on sale/transfer and then hearing as soon as possible on how best the judgment may be paid.

By that procedure, the lawyer said, his clients are protected and the least disruption occurs to the operations of the Tinian Dynasty.

Takimoto and Nagata were among the seven passengers of a Piper Cherokee aircraft that crashed on a farm in Upper Dandan en route to Tinian on Aug. 11, 2006.

HKE settled the lawsuits filed by the survivors, including one filed by Takimoto and his family, and Nagata. The court subsequently dismissed the lawsuits in February 2010.

Pierce said in April 2008, Tinian Dynasty ceased making payments on the agreements and the plaintiffs sued for torts and for breach of contract.

Tinian Dynasty settled the lawsuit and amended the initial settlement agreements.

Pierce said HKE has breached the settlement agreements in multiple ways.

The lawyer pointed out that payments were not made for the months of January and February 2016.

He said second, HKE filed for bankruptcy and third, the U.S. government seized assets from HKE, which assets were subsequently forfeited to the U.S.