With Japanese investor Takahisa Yamamoto\u2019s failure to pay his share of custodial fees for cargo ship M\/V Luta, the vessel remains in the custody of the National Maritime Services, and inventors in his lawsuit have been unable to put into effect their settlement with the ship\u2019s owners.<\/p>\n
This was the assertion of attorney Bruce Berline who, as counsel for Norton Lilly, asked the U.S. District Court for the NMI last week to release M\/V Luta immediately in order to preserve and effectuate the settlement with the vessel owners.<\/p>\n
Yamamoto allegedly has an outstanding balance of $130,406 for his share in custodial fees.<\/p>\n
On Friday, designated judge Frances M. Tydingco-Gatewood heard Norton Lilly\u2019s motion to release the vessel. <\/p>\n
Berline said Norton Lilly and the other intervenors\u2014the vessel\u2019s crew and Long Consulting\u2014entered into a settlement with owners of M\/V Luta. That settlement is contingent upon the vessel\u2019s release.<\/p>\n
Berline pointed out that the court last Feb. 10 vacated Yamamoto\u2019s arrest warrant for the ship and the order to sell the vessel.<\/p>\n
In that same order, Tydingco-Gatewood ordered the vessel to be released, but made the order contingent on the parties paying NMS\u2019 custodial fees.<\/p>\n
Berline said all the intervenors paid their share of fees but Yamamoto failed to pay his share.<\/p>\n
Berline said Yamamoto\u2019s arrest warrant for the vessel has been vacated and its continued detention only serves to increase custodial fees and to punish the intervenors.<\/p>\n
Berline said NMS has other remedies available to seek payment of its fees from Yamamoto other than indefinite detention of the vessel.<\/p>\n
Tydingco-Gatewood issued an order to show cause last week against Yamamoto for failing to pay by no later than Feb. 14 toward his outstanding balance of $130,406 in custodial fees. Yamamoto had already initially paid $30,000 in custodial fees. <\/p>\n
Tydingco-Gatewood ordered Yamamoto to appear personally in court tomorrow, Tuesday, and explain why he should not be held in contempt.<\/p>\n
Yamamoto\u2019s counsel, George Lloyd Hasselback, was also ordered to appear at the hearing.<\/p>\n
The judge said failure to comply with the court\u2019s order to pay NMS may result in a finding of contempt, and the imposition of monetary and other sanctions.<\/p>\n
The boat\u2019s crew, Long Consulting, and Norton Lilly have complied with the court\u2019s order by paying their shares for custodial fees, totaling $28,916.<\/p>\n
Tydingco-Gatewood determined that Yamamoto\u2019s whole relationship with Abelina T. Mendiola and her family demonstrates he was a joint venturer with them on M\/V Luta. <\/p>\n
Abelina T. Mendiola is president of Luta Mermaid and Luta Mermaid\u2019s members are Deron T. Mendiola, and Fidel S. Mendiola III. <\/p>\n","protected":false},"excerpt":{"rendered":"
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