Star Marianas OK’d to seize aviation fuel worth $3.5K

The federal court has granted Star Marianas Air’s request to allow it to seize drums of aviation fuel that belongs to Aviation Services (CNMI) Ltd. that are at the Saipan International Airport.

In an order on Thursday, U.S. District Court for the NMI Chief Judge Ramona V. Manglona, however, ordered that she will issue a writ of execution to satisfy only the two money judgments of $2,500 and $967.50, for a total of $3,467. 50.

Star Marianas asked for the writ of execution to seize and sell the property of Aviation Services to satisfy the entire amount owed by the company under a settlement agreement. Star Marianas calculates that amount to be $8,467.50.

In her order granting in part and denying in part the application for writ of execution, Manglona said a writ of execution may issue to enforce a money judgment.

Manglona said a money judgment consists of two elements: “an identification of the parties for and against whom judgment is being entered, and a definite and certain designation of the amount which plaintiff is owed by defendant.”

Under this definition, the judge said, the only money judgments in this case are in the amounts of $2,500 (order enforcing settlement agreement) and $967.50 (order awarding fees and costs), for a total of $3,467.50.

Star Marianas, through counsel Timothy H. Bellas, had asked the court to allow the company to seize 25 55-gallon drums of aviation fuel after Aviation Services Ltd. failed to pay its outstanding settlement amount.

Bellas said Aviation Services Ltd. has ceased business operations and is not likely to have the financial resources to make any of the future payments due under their settlement agreement.

Bellas said the 25 drums of aviation gas are worth $8,775.

The lawyer said the aviation fuel was used as part payment of the consideration to be paid to Star Marianas Air.

Bellas said in order to eliminate the need for future motions to enforce the settlement agreement, his client requests the court to allow for the seizure of the aviation gas and that such gas be sold and the proceeds be used to satisfy the total unpaid amount under the settlement agreement ($7,500) plus the $967.50 in fees awarded, for a total of $8,467.50.

Bellas said his client, due to the nature of the item to be seized, shall assist the U.S. Marshal in the seizure and taking custody of the aviation fuel.

Once the expenses of the seizure have been paid, the aviation gas will be used to satisfy the amount of $8,567.50 to Star Marianas Air and if a surplus remains, it will be paid to Aviation Services Ltd.

Star Marianas Air filed a racketeering lawsuit in January 2013 against Aviation Services Ltd. and some of its employees for allegedly stealing several drums of aviation fuel from Star Marianas Air’s ISO tank container and delivering the stolen fuel to Freedom Air in order for it to continue its operations.

The parties entered a settlement agreement. Aviation Services Ltd. agreed to make some payments to Star Marianas Air under their agreement.