Previous Story
NMC: Tang’s assertion is false
The Northern Marianas College objected yesterday to a portion of NMI Settlement Fund trustee Joyce C. H. Tang’s report, saying that the assertion that NMC is not complying with the terms of Betty Johnson’s settlement agreement is false.
NMC counsel Mark A. Scoggins said that Tang concluded with a request that the federal court issue an order requiring NMC to comply with a provision of the settlement agreement by paying all employer contributions at the rate of 30 percent together with accrued interest.
Tang’s “request” does not comport with the Rules of Civil Procedure, which provides that request for a court order must be made by motion, said Scoggins in NMC’s limited response to the report.
“There has been no motion, but if there ever is a motion on this issue, NMC would like an opportunity to brief the matter,” said the lawyer in NMC’s response filed in the U.S. District Court for the NMI.
Scoggins said NMC submits that the court should be fully informed about NMC’s position before making any order requiring the college to make further payments into the Settlement Fund.
In the meantime, Scoggins requested that Tang inform the court and the parties about whether the trustee has legal counsel, and if so, who that person is.
Scoggins said that is necessary because he has been told previously that the trustee has legal counsel, and does not wish to be improperly communicating with a represented party in the event this, or any other issue, moves forward.
In her combined second and third quarter report for fiscal year 2014 filed in federal court, Tang said that NMC has not paid the full amount of the employer taxes as required in a provision of the settlement agreement.
“NMC was notified of this requirement and still refused to pay the delinquent balance,” Tang had said.
