Guam DOE v. Guam CSC and Taisipic

CourtSuperior Court of Guam
DecidedApril 24, 2023
DocketSP0095-21
StatusUnknown

This text of Guam DOE v. Guam CSC and Taisipic (Guam DOE v. Guam CSC and Taisipic) is published on Counsel Stack Legal Research, covering Superior Court of Guam primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Guam DOE v. Guam CSC and Taisipic, (superctguam 2023).

Opinion

'Fl LEG SUPER1OR COURT OF GUAM 2823 APR QL, AM H= oh CLERKOF COURT

IN THE SUPERIOR COURT OF GUAM

GUAM DEPARTMENT OF EDUCATION, SPECIAL PROCEEDINGS CASE n o . SP0095-21

Petitioner,

vs.

GUAM CIVIL SERVICE COMMISSION, DECISION AND ORDER Respondent, DENYING GUAM DEPARTMENT OF EDUCATION'S APPLICATION FOR ENTRY and OF DEFAULT JUDGMENT

MARK J.s.n. TAISIPIC,

Real Party in Interest.

This matter came before the Honorable Dana A. Gutierrez on January 23, 2023 for a

continued hearing on Petitioner Guam Department of Education's ("GDOE") Application for

EntTy of Default Judglnent.' Present at both hearings was Attorney Jesse Nasis representing

GDOE, and Real Party in Interest Mark ].S.N. Taisipic ("Taisipic") with his counsel Attorney

Jacqueline Taitano Terlaje. Based on a review of the pleadings, the arguments of the parties, and

the testimony provided at the hearings, the Court hereby DENIES GDOE's Application for

Entry of Default Judgment and GRANTS Taisipic's Request for Leave to file his Answer and

1 The first hearing on GDOE's Application for Entry of Default Judgment was December 14, 2022. Present at the December 14, 2022 hearing was Attorney Jesse Nasis and Attorney Christine Tenorio representing GDOE, Mark Taisipic with counsel Attorney Jacqueline Taitano Terlaje, and Attorney Eric Miller representing the Guam Civil Service Commission (the "CSC"). Attorney Eric Miller clarified that he was there to only observe the hearing on behalf of the CSC. On October 7, 2021, the CSC had filed a Notice oNo Position stating that it "will not be taking a position in this litigation and will not be tiling a reply herein." Notice of No Position, at 1 (Oct. 7, 2021).

1 DECISION AND ORDER DENYING GUAM DEPARTMENT OF EDUCATION'S APPLICATION FOR ENTRY OF DEFAULT JUDGMENT SP0095-21; Guam Department of Education ma Guam Civil Service Commission and Mark.ZS.N Ta isipic

Petition for Declaratory Relief

STIPULATED FACTS.

GDOE and Taisipic filed a Stipulation of Facts for Evidentiary Hearing on Petitioner's

Motion for Entry of Default Judgment (the "Stipulated Facts") on May 17, 2022.2 The stipulated

facts are as follows:

1. On June 18, 2021, Petitioner filed its Petition for Judicial Review ("Petition"). A copy

of the Petition was delivered to the Law Office of Jacqueline Taitano Terlaje, P.C. No

copy was served upon Employee Taisipic on June 18, 2021. No summons was issued

on June 18, 2021.

2. On July 30, 2021, Petitioner filed a Request for Status Hearing ("Request"). A copy

of the Request was delivered to the Law Office of Jacqueline Taitano Terlaje, P.C. No

date for the hearing was set prior to delivery.

3. On August 4, 2021, the Court issued a Notice of Remote Hearing for August 17, 2021

addressed to Legal Counsel for the Department of Education and Legal Counsel for

Civil Service Commission.

4. On August 5, 2021, Attor ney Ja cqueline T er la je initia ted communica tion with

attorney Jesse Nasis regarding the intention of Employee Taisipic to retire. The

communication included a letter from Attorney Jacqueline Terlaje to Attorney Jesse

Na s is a nd a let t er fr om Employee M a r k T a is ipic t o t he S uper int endent of t he

2 The Court took notice that these facts were agreed upon by the parties at the January 23, 2023 hearing. Min Entry, at 1:41:11~1:4l:19 PM (Jan. 23, 2023). The StipulatedFacts referred to exhibits, however for purposes of this Decision and Order, the Court did not include the citation to these exhibits as part of the recitation of the Stipulated Facts.

2 DECISION AND ORDER DENYING GUAM DEPARTMENT OF EDUCATION'S APPLICATION FOR ENTRY OF DEFAULT JUDGMENT SP0095-21; Guam Department of Education v. Guam Civil Service Commission and Mark.LS.N Taisipic

Department of Education, with a carbon copy notation to Attorney Jacqueline Terlaje

as Employee's legal counsel.

5. On August 12, 2021, Attor ney Nasis r esponded to the email inquir y, r eminding

Attorney Terlaje that GDOE was disputing the Civil Service Commission's decision

involving Employee.

6. On September 30, 2021, Petitioner filed its Summons.

7. On September 30, 2021, a copy of the Summons was delivered to the Law Office of

Jacqueline Taitano Terlaje, P.C.

8. On October 20, 2021, Attorney Terlaje initiated email communications with Attorney

Nasis to confirm whether the Employee was served with the Summons .

9. No response was provided to the email inquiry dated October 20, 2021.

10. On November 11, 2021, pr ocess sewer T homa s Ma sha for a nd on beha lf of the

Petitioner served upon Employee Mark Taisipic the Petition and Summons.

11. O11 November 12, 2021, a Declaration of Service was tiled in the Superior Court of

Guam.

12. On December 10, 2021, Petitioner submitted its Application for Entry of Default

Judgment.

13. On December 16, 2021, Superior Court of Guam Deputy Marshal Aaron Okada

sewed Employee Mark Taisipic a copy of the Petitioner's Application for Entry of

Default Judgment.

14. On Decemb er 1 6 , 2 0 2 1 , At t or ney T er la je init ia t ed ema il commu nica t ion wit h

Attorney Nasis acknowledging receipt of a copy of Petitioner's Application for Entry

3 DECISION AND ORDER DENYING GUAM DEPARTMENT OF EDUCATION'S APPLICATION FOR ENTRY OF DEFAULT JUDGMENT SP0095-21; Guam Department of Education VS Guam Civil Service Commission and Mark.[S.N Taisipic

of D ef a u l t j u dgment a nd s eeking a n enla r gement of t ime du e t o t he ex i gent

circumstances of Employee Taisipic.

15. No response was provided to the email inquiry dated December 16, 2021.

16. On December 22, 2021, the Law Office of Jacqueline Taitano Terlaje, P.C. entered

appearance on behalf of employee, Mark Taisipic.

17. No entry of default has been entered by the Clerk of Court.

18. Petitioner seeks entry of default judgment.

19. Employee Taisipic seeks leave of Court to file his Answer.

PROCEDURAL BACKGROUND

In addition to the Stipulated Facts, on December 22, 2021, Taisipic filed an Objection and

Opposition to Application for Default Judgment and Request for Leave of Court (the "Objection

and Request") and a Declaration of Mark J. S.N. Taisipic ("Decl. of Taisipic"), and a Declaration

of Jacqueline T. Terlaje ("DecL of Terlaje") in support. On January 12, 2022, GDOE filed a

Reply to the Objection ("Reply") and a Declaration of Eileen Quitugua ("DecL of Quitugua")

and a Declaration of Thomas S. Masha ("Deal. of Masha") in support.

On April 22, 2022, GDOE filed an Application for Leave of Court to File Supplemental

Declaration of Thomas S. Masha, and a Supplemental Declaration of Thomas S. Masha ("Supp.

Deal. of Masha"). On May 26, 2022, Taisipic filed an Answer and Petition for Declaratory

Relief. On June 3, 2022, GDOE filed an Application for Leave of Court to File Objection to

Answer and an Objection to Answer.

On July 1, 2022, the Court issued an Order for Further Briefing. On August 1, 2022,

T aisipic 'filed Fur ther Br iefing ("T aisipic's Fur ther Br ieillng") and GDOE filed Briefing

4 DECISION AND ORDER DENYING GUAM DEPARTMENT OF EDUCATION'S APPLICATION FOR ENTRY OF DEFAULT JUDGMENT SP0095-21; Guam Department of Education v, Guam Civil Service Commission and Mark.£S.N Ta isipic

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