Gutherie v. Board of Trustees of GGRF

Opinion

• :,pEpIQR COUR

OF GUAM

1 ZQZ2MAR 17 PM 3: 5

CLERCFC0URT

IN THE SUPERIOR COURT OF GUAM 6

TAKAKO B. GUTHRIE AND JOSEPH A.) SPECIAL PROCEEDINGS NO. SP0094-20 8 GUTHRIE ETAL, DECISION AND ORDER RE: MOTION TO Petitioners/Plaintiffs, ) QUASH DISCOVERY

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ii BOARD OF TRUSTEES OF THE GOVERNMENT OF GUAM 12 RETIREMENT FUND, 13 Respondents/Defendants.

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15 This matter came before the court upon the Government of Guam Retirement fund 16 motion to quash discovery served on behalf of Petitioners/Plaintiffs Takako B. Guthrie and 17 Joseph A. Guthrie. Oral argument was held on March 1, 2022. At the hearing it was determined

that there are no disputed facts and the issues before the court are a matter of law. The attorney

20 for the Guthries also agreed that there were no factual disputes in this case and that the appeal

21 from the administrative decision was based on a question of law. The Guthries do not claim 22 that the record before the court is incomplete The Court has already dismissed the Complaint .

23 for Declaratory Relief styled as a class action.

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Guam Rule of Civil Procedure 26(a) (1) (E) (xx) provides that proceedings for writs are 25 26 exempt from initial discovery requirements “unless otherwise ordered by the court.” Rule

27 26(b)(l) provides that the scope of discovery includes any matter, not privileged that is relevant 28 to the claim or defense of any party but shall be limited if the burden or expense of the

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proposed discovery outweighs its likely benefit. Chargualqf v Gov ‘/ of Guam Ret. Fund, 2021

2 Guam 17. ¶ 31-32. The Court agrees with the Government of Guam Retirement fund that if

3 allowed to conduct the discovery regarding other members of the fund, it would involve

extensive discovery of the confidential files of hundreds of retirees who are not connected to

this case. Therefore the Motion to Quash and request for a protective order is granted.

It is so ordered March 17, 2022

Judge Pro Tempore

12 Superior Court of Guam

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20 SERVICE VIA E-MAU

21 acknowled9e that an eeCttOfliC ot the original was e-mailed to.

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0! Guam

2 Deputy Cterk Superior Court