THE NMI Settlement Fund is not trying to curry favor with the federal court, NMISF attorney Nicole Torres-Ripple said, referring to a statement made by the Estate of Manuel B. Villagomez’s administrator.
“These accusations are categorically false, unsupported, and go beyond the bounds of proper advocacy,” Torres-Ripple told the federal court.
“The Administratrix impugns the integrity of not just the Trustee but of the court,” she added.
“It is one thing to object to the court’s order establishing the appeal process for challenging decisions by the Settlement Fund, but it is quite a different matter to assert without any basis that the court is being influenced because of ‘familiarity’ with the Trustee, and denying the Administratrix and others ‘input’ of failing to give their claims ‘scrutiny.’ ”
Torres-Ripple represents the NMI Settlement Fund and its trustee, Joyce Tang, in the claim against the estate related to the overpayment of retirement benefits amounting to over $56,000 paid prior to Villagomez’s passing on May 10, 2021.
The Estate of Villagomez and its administrator, Colleen V. Manglona, through attorney Robert T. Torres, objected to a status report recently filed by the NMISF.
According to the estate, in her filing on March 8, 2022, the NMISF trustee disclosed, in violation of Rule 408 Fed. R. Evid., a condition of settlement/resolution, which was under discussion.
“The Trustee has turned this around to her opportunity to curry advantage with this court and signal a condition so that the court would support her and inform all other retiree beneficiaries with similar disputes (approximately 132 if the prior statement is to be believed) of the uphill battle they must reckon with in disputing this process. That is not fair play,” the estate stated.
In response, Torres-Ripple said the NMISF “has not proffered anything as evidence, it has not asked the court to admit anything into evidence, and it has not suggested that the Administratrix is required to agree with the Settlement Fund’s position.”
The NMISF’s status report “merely advises the court of the status of the case, which in the context of the court’s comments during the motion hearing, means the status of settlement discussions.”
The NMISF added, “The Settlement Fund did not and is not asking the court to make evidentiary findings or admit anything into evidence on the basis of the Status Report. Therefore, Rule 408 is inapplicable.”
“The Administratrix knows full well that the court has granted her every opportunity to present her arguments — her ‘input,’ ” the NMISF stated.
“To imply otherwise shows a lack of candor to the Tribunal, undermines the administration of justice, and disregards the integrity of the judicial process.”
The NMISF reiterated that “the Administratrix’s invocation of Rule 408 is without merit.”
“As the Administratrix correctly notes, the Settlement Fund believes the court’s ruling on the Settlement Fund’s Ex Parte Emergency Motion for Declaratory Relief, Stay and Injunctive Relief, which is now under advisement, will have precedential value because there are many other retirees and beneficiaries who might make claims similar to the Administratrix challenging the exclusivity of the administrative appeals process established by the court,” the NMISF stated.
The Estate of Villagomez has asked the federal court to deny the request of the NMISF to issue an order of stay and intervene in the probate proceedings of the decedent.
