The federal court has entered a $261,000 judgment in favor of a man and his wife, the man a survivor of a 2006 plane crash in Upper Dandan.
U.S. District Court for the NMI Chief Judge Ramona V. Manglona issued the judgment in favor of Patrick James Timmerman and his wife, Maria Purley Agcaoili, and against Tinian Dynasty Hotel and Casino and its owner, Hong Kong Entertainment (Overseas) Investment Ltd., and Taga Air Charter Services Inc.
Manglona issued the order on Wednesday after Tinian Dynasty, Hong Kong Entertainment, and Taga Air Charter were found delinquent in their $450,000 settlement agreement.
Manglona said that under the settlement agreement, the parties agreed that “if defendants shall be delinquent in any one payment for more than 10 days from the due date for that payment, then plaintiffs, upon written notice to defendants, shall be entitled to a judgment against defendants in an amount equal to the difference between [the settlement amount of] $450,000 and the amount previously paid by defendants pursuant to this agreement.”
Last Jan. 29, the Timmerman couple gave written notice to defendants of delinquency of the January 2016 payment of $3,000.
Manglona said in his declaration, plaintiffs’ counsel William Fitzgerald affirms that up until January 2016, defendants had paid $189,000, leaving an unpaid balance of $261,000.
Manglona said defendants have not filed a response to the motion and that the time to respond has expired.
The Timmerman couple filed a motion, asking the court to issue a judgment in the amount of $261,000 against defendants pursuant to a previous court’s order and the settlement agreement.
Patrick Timmerman is a licensed pilot who was then employed with Tinian Dynasty when the crash happened. He was seated next to the pilot, Brent J. Hinkemeyer.
Patrick Timmerman suffered severe and permanent injuries when the Piper Cherokee aircraft crashed on a farm in Upper Dandan en route to Tinian on Aug. 11, 2006.
Patrick Timmerman sued all defendants except Hinkemeyer. His wife, Maria, and their minor son joined in the lawsuit.
The parties entered a settlement agreement in December 2010.
Last April 20, Manglona ordered HKE to pay $1.4 million to two other plane crash survivors to satisfy their settlement agreements.
Manglona said HKE shall pay $606,723.10 to Tomoyuki Nagata and $769,229.61 to Dr. Jun Takimoto and his family collectively, for a total of $1,375,952.71.
Manglona issued the order after Nagata and Takimoto asked the court to enforce the terms of their settlement agreement after HKE was delinquent in its payment.
Timmerman, Takimoto, Nagata, and Yoko Kamiyama were among the seven passengers of the 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. The court subsequently dismissed the lawsuits in February 2010.