The federal court has ordered its clerk to issue a writ of execution to attorney Richard W. Pierce, the counsel for two plane crash survivors, in order to collect $1.4 million from bank accounts of the owner of Tinian Dynasty Hotel & Casino.
U.S. District Court for the NMI Chief Judge Ramona V. Manglona on Friday also ordered the clerk to direct the U.S. Marshal to levy execution on all funds in Hong Kong Entertainment (Overseas) Investment Ltd.’s two accounts at Bank of Saipan and any Bank of Guam account it may hold, up to $1,375,952.71, to satisfy the survivors’ judgment.
Writ of execution refers to a court order that allows for the collection of money or property owed by a judgment debtor.
Manglona issued the order following the survivors’ request to seize HKE’s assets in two banks after HKE has failed to pay on the $1.4 million federal court judgment to two plane crash survivors since its entry last April.
Plane crash survivors Tomoyuki Nagata and Dr. Jun Takimoto and his family, through counsel Pierce, recently filed a request for entry of writ of attachment before the court.
Writ of attachment refers to a court order directing a law enforcement or sheriff to “attach” or seize an asset.
Last April, Manglona ordered HKE to pay $606,723.10 to Nagata and $769,229.61 to Dr. Takimoto and his family to satisfy their settlement agreements.
Pierce said nothing has been paid yet on the $1,375,952.71 judgment.
Pierce disclosed that according to the bankruptcy filing of HKE, the company has two accounts at the Bank of Saipan.
The lawyer said HKE also previously paid funds to the crash survivors through a Bank of Guam check.
Pierce said as the Bank of Saipan accounts and any Bank of Guam account are a debt to HKE, it is requested that the court attached the debts and order them paid over to his clients, care of their attorney, for satisfaction toward the $1.4 million judgment.
Last March, Manglona ordered HKE to refrain from selling or transferring any of its property assets, except in the normal course of business. She issued the order following the request of Nagata and Takimoto.
Nagata and Takimoto 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 Nagata and Takimoto and his family.