Star Marianas Air Inc. asked the federal court yesterday to allow the company to seize 25 55-gallon drums of aviation fuel belonging to Aviation Services (CNMI) Ltd. that are located at the Saipan International Airport.
Star Marianas Air, through counsel Timothy H. Bellas, asked the U.S. District Court for the NMI to grant its petition for a writ of execution to seize the aviation gas 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 asks the court to allow for the seizure of the aviation gas and that the gas be sold and the proceeds be used to satisfy the 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.