Son of late former Saipan mayor appeals to 9th Circuit

The son of former Saipan mayor Donald Flores and Cecilia U. Flores is appealing to the U.S. Court of Appeals for the Ninth Circuit the federal court’s dismissal of his late mother’s $40-million lawsuit.

Derron G. Flores, through counsel Juan T. Lizama, notified the U.S. District Court for the NMI that on behalf of his late mother, Cecilia, he is appealing to the Ninth Circuit to reverse the federal court’s dismissal of the case.

Derron Flores is also appealing to the Ninth Circuit to overturn the federal court’s denial of his motion to substitute him as plaintiff in the lawsuit.

Derron Flores is also asking the Ninth Circuit to reverse the federal court’s denial of his motion for U.S. District Court for the NMI Chief Judge Ramona V. Manglona to recuse from the case.

Last April 25, Manglona denied Derron Flores’ motion for her to recuse from his mother’s $40-million lawsuit.

Derron Flores filed his motion to recuse the next day after Manglona heard his request to substitute as plaintiff for his mother, Cecilia, who passed away in September 2015.

In denying Derron Flores’ request to recuse, Manglona ruled that a reasonable person with knowledge of all the facts would not question her impartiality in this case because of the participation of her husband, CNMI Supreme Court Associate Justice John A. Manglona, in the Indalecio vs. Yarofalir decision.

Manglona said the central issue in that motion to substitute is whether Cecilia Flores’ claims against defendants survive her and may be continued by her son, Derron.

The defendants in Cecilia Flores’ lawsuit are MUFG Union Bank, Ken Kato, and Victoria B. Concepcion. She sued the defendants over a bank manager’s alleged unauthorized release of Donald Flores’ money years prior to his death from his $200,000 time certificate of deposit to a person representing him.

Associate Justice John Manglona was one of three justices who decided the Indalecio case.

In denying the motion, Manglona said a judge must disqualify herself “in any proceeding in which [her] impartiality might reasonably be questioned.”

Manglona said Derron Flores’ description of the situation is inaccurate.

Manglona said this matter is not the same as Indalecio case, and the issues are different.

In a separate order, Manglona denied Derron Flores’ request to substitute as plaintiff to allow him to pursue his mother’s lawsuit against a bank and its former employees.

In the same order, the judge dismissed without prejudice Cecilia Flores’ lawsuit. Dismissal without prejudice means the case can be re-filed in the future.

Manglona ruled that because Cecilia Flores’ claims were extinguished when she died in September 2015, Derron Flores’ motion to substitute him as plaintiff in the lawsuit is denied.

When Donald Flores died in June 2014, Cecilia Flores was appointed administratrix in the probate of his estate.