Motion may turn Skirvin Hotel into frozen asset

The legal wheels have been set into motion that could ultimately result in the assets of Indonesian businessman Oesman Sapta's ass- ets being frozen -- including the OSO Skirvin Plaza Hotel.

A motion for default judgment has been filed by William Curry Myles in connection with his $3 million fraud claims against Sapta and his company, BYOC International.

The motion is in response to Sapta's motion for an extension of time to appear for deposition. The deposition stems from Myles' claim that Sapta and BYOC International promised him 25 percent ownership in the now defunct OSO car dealership at NW 122nd Street and N. May Avenue. When Sapta failed to appear for depositions the first time and offered the forthcoming medical clearance as an excuse for his absence, U.S. District Judge Robin J. Cauthron entered an order on Aug. 30 for Sapta to appear within 14 days for his deposition. On Sept. 6, Sapta filed a letter, under seal, in which a Jakarta, Indonesia, physician said that Sapta could not attend the deposition. The physician's letter, according to the motion for default judgment reads: "This is to certify that Mr. Oesman Sapta because of his ilness {sic}, is still under control by Dr. Sarwona and myself Dr. Baharoedin I. Siregar. It is adviseble {sic} for him to rest and to control his health periodically." Blanton Brown, Myles' attorney, contends that the letter fails to meet the statutory requirements of a medical clearance because it is indefinite, it fails to give a prognosis, and it does not provide an alternative method for obtaining discovery. Brown says he has been unable to contact the physician who wrote the clearance. At the time Sapta was ordered to appear for the depositions, Judge Cauthron said that if he failed to appear again, he would be subject to harsh sanctions, including a possible judgment on plaintiff's claims. Brown is encouraged about a possible default judgment and says his client will seek to have Sapta's assets frozen. "We want to have his assets frozen so when we're through, BYOC hasn't been liquidated." In Myles' motion he has also requested that Sapta's response time be shortened, though Brown did not specify the actual date for response. Since Sapta's purchase of the historic 250 room hotel in March 1995 for $1.7 million, his company has been mired in controversy. Last October, a $17,583.50 tax lien was filed against BYOC for its failure to pay property taxes on the Skirvin. If no one comes forward to pay the back taxes and the taxes are unpaid for two years, then the property will be sold at a tax sale, similar to a sheriff's sale. The tax liability will grow at a rate of $32,673.30 per year. In August, Schuelein & Halpain, who furnished engineering services for the hotel's reconstruction, sued BYOC for $85,297 worth of unpaid work. Brown expressed his exasperation at Oesman's failure to appear. "The bottom line is that we can't run a judicial system this way.

Copyright 1996
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