U.S. District Court for the NMI Chief Judge Alex R. Munson also ordered Kouichi Taniguchi to pay $100 everyday for failing to appear for a hearing twice, until he appears in court or until he comply with the court’s order to pay costs.
Attorney Richard W. Pierce represented the defendant.
In his order dated March 20, Munson stated that the federal court found the motions filed by Taniguchi against Kan Pacific Saipan Ltd., doing business as Mariana Resort and Spa, suitable for decision without oral argument.
On Jan. 15, 2009, the federal court ordered Taniguchi to pay costs and allowed that the judgment could be paid to either defense counsel or directly deposited with the court’s registry pending appeal.
The plaintiff failed to comply with the order.
Taniguchi failed to personally appear at a hearing for an order to show cause why he should not be held in contempt of court on Feb. 27.
The court continued the hearing on March 20, but neither Taniguchi nor his lawyer, Douglas Cushnie, appeared for the hearing.
Munson granted the defendant’s cross-motion for summary judgment and awarded costs to the defendant amounting to $7,732.30 on Jan. 8, 2009.
Taniguchi objected to the court’s imposition of costs in favor of the defendant, saying that defendant did not incur those costs on March 15.
Taniguchi, through his lawyer, said the rule provides that every action should be brought in the name of the real party in interest.
He said the general rule in the federal courts is that if the insurer has paid the entire claim, it is the real party in interest and must sue in its own name.
He added that the defendant cannot enforce the judgment entered, or hold the plaintiff in contempt for failure to pay it.
Taniguchi said the defendant’s insurer paid for the costs therefore the defendant is not the real party in interest and cannot recover costs.
But Munson denied the plaintiff’s motion for reconsideration and motion for an ordering shortening time as moot.
Munson stated that under the federal rules, the defendant is entitled to costs.
The source of funds used to pay the original costs is not relevant to the court’s inquiry, he said.
The court ruled that “the prevailing party is entitled to costs even if the costs were initially paid by an insurer because to find otherwise would not only violate the presumption that a prevailing party is entitled to costs under the rule but would also allow plaintiffs to bring lawsuits against insured defendants without incurring litigation costs after losing the merits.”
Taniguchi filed the complaint in Nov. 2006.
He stated that he was a paying guest and business invitee, and while he was standing on a wooden deck overlooking the ocean on Nov. 6, 2006, the deck collapsed under him, causing him to drop several feet to the ground below.
Taniguchi, having played in Japan for the Yomiuri Giants and the New York Mets in the U.S. said that due to his fame and reputation, he was always in demand for public appearances, conducting baseball clinics, and advertising employer’s business activities, all of which resulted in contracts for business entities for him to play baseball and promote products both in Japan and the CNMI.
Taniguchi said the injury caused him great physical pain and anxiety that he cannot fulfill his contracts or engage in physical activity.
He said the collapse of the deck resulting in his injury was due to the failure of the defendant to properly construct and maintain the area under its management.
He said because the defendant did not leave any signal or warning about the hazardous condition of the deck area, it resulted in his physical and emotional injuries and financial loss.
On Feb. 8, 2008, Taniguchi asked the federal court to award him relief for damages for pain, suffering and emotional anxiety arising out of his injuries, compensation for medical, hospital and rehabilitation expenses, damages for loss of income including for advance fees returned, punitive damages and other relief.
