Chaco v. Chaco

Opinion

M

FILED

ume Jo 17 B! 11= 57

COURT GUAM IN THE SUPERIOR COURT OF GUAM

ROBINSON G. CHACO, Domestic Court Case No. DM0503-18 Plaintiff vs. DECISION AND ORDER re MINAKO T. CHACO, EX PARTE MOTION TO CONTINUE Defendant. TRIAL AND EXTEND DISCOVERY

Plaintiff Robinson G. Chaco moves ex parte to continue the trial commencing on January

23, 2019.' Finding good cause to continue next week's trial date, the Court GRANTS the

Motion.

I. PROCEDURAL BACKGROUND

Early in this case, the parties asked the Court for a trial date widlin five months of the

Complaint and did not submit a discovery schedule. The Court set a trial date for January 23,

2019. At the Pretrial Conference on January 9, 2019, plaintiff informed the Court that no Answer

had been filed and that he had not received responses to his first set of discovery requests." Then,

on reviewing Defendant Minako T. Chaco's responses, Plaintiff found them to be insufficient and

sent a Notice of Motion to Compel letter to opposing counsel on January 11, 2019. Defendant

offered to provide supplemental information to defendant's responses possibly as early as

January 16, 2019, but refused to stipulate to continue the trial. Defendant and Plaintiff agree that

I Attorneys Daron Berman and Michael J. Berman represent Plaintiff Robinson G. Chaco, Attorney Daniel S. Somerfleck represents Defendant Minako T. Chaco. z Defendant tiled an Answer the same day of the Pretrial Conference.

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DM0503-18 DECISION AND ORDER re MOTION TO CONTINUE TRIAL Page 2 AND EXTEND DISCOVERY

the primary discovery dispute stems from P laintiff mislabeling his discovery requests.

Plaintiff requests a continuance of sixty days for discovery, thirty more days after the

discovery deadline to file any possible dispositive motions, and for a new trial date to be set

thirty days following the dispositive motion deadline. See P1.'s Mot. Continue at 4 (Jan. 14,

2019). In short, he requests a trial date no sooner than May 2019. Id.

11. LAW AND ANALYSIS

Rule 6(b) of the Guam Rules of Civil Procedure imbues the Court with the discretion to

extend a deadline for cause if a party makes such a request before the expiration of the original

deadline. See Gov 't of Guam V O7(eefe on behalf of Heirs of Tories Estate,2018 Guam 41123,

GRCP 6(b) ("the court for cause shown may at any time in its discretion (1) with or without

notice or motion order the period enlarged if request therefor is made before the expiration of the

period originally prescribed or as extended by a previous order...."). As this case involves a

custody dispute over a minor child, the Court also notes that its decision should be made in the

best interest of the child. See 19 GCA 8404(1)(a), Flores u Cruz, 1998 Guam 301] 11.

The Court finds that good cause to continue exists. Plaintiff should have an opportunity

to fully assess the recently filed Answer. While the Answer contains general denials and

admissions, it is a pleading which defines Defendant's position on the issues in the Complaint.

Also, in seeking an early trial date, the parties did not afford themselves time to conduct

discovery. While in hindsight Plaintiff seems to regret this, this Court will not deny the parties

an opportunity to conduct discovery. Discovery allows a party to narrow the issues for trial,

which conserves judicial resources and expedites resolution. Finally, the Court finds it

appropriate to give the parties an opportunity to resolve the discovery dispute. while Plaintiff

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DM0503-18 DECISION AND ORDER re MOTION TO CONTINUE TRIAL Page 3 AND EXTEND DISCOVERY

admittedly erred in mislabeling his discovery requests, such requests are simple and should be

resolved prior to trial.

Plaintiff indicates mediation may also occur. The Court encourages the parties to engage

in mediation, as the young minor child will benefit from the parties' fleshing out their custody

and visitation schedule with a mediator guiding them.

This has been an active case since its inception less than five months ago, and the parties

have not unnecessarily delayed the trial. They failed to foresee that the expedited nature of this

proceeding would result in overlooked pleadings, insufficient discovery, and inadequate trial

preparation. But these failures do no justify rushing a trial, the principal objective of which will

determine whether the young child will live here with her dad or in Arizona with her mom. The

requested continuance is reasonable and still places this matter within the 18-month time

standard.

In the interest of giving the parties more time to engage in discovery, narrow the issues

for trial, and further prepare for trial, the Court GRANTS Plaintiff's motion.

III. C O N C LU SIO N AN D O R D ER

The Court GRANTS Plaintiff's Motion to Continue Trial and Extend Discovery. The

deadline for all discovery to be completed is March 15, 2019. The deadline for discovery

motions is March 22, 2019. The Court will conduct a hearing to determine the trial date on

March 27, 2019, at 9:00 a.m.

SO ORDERED this 17th day of January 2019.

SERVICE VIA COURT BOX l5d(n0M€d§ thataoopyofthe '°4w~~w< original he; vs placed in the box . HONG ELYZE M. IRIARTE Judge, Superior Court of Guam QM¢ Ulla

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