Inland Builders Corp v. GEDA, GEDA v. Architects Laguana and Cristobal, LLC

Opinion

FILED

im OV 19 03

SUPERIOR Co RT

OF GUAM

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5

6 IN THE SUPERIOR COURT OF GUAM 7 INLAND BUILDERS CORPORATION, a CIVIL CASE NO.: CVOO7O-17 $ Corporation Plaintiff,

9 Counterclaim Defendant,

10 DECISION AND ORDER vs. (GEDA’s Motion to Shorten Time)

GUAM ECONOMIC DEVELOPMENT AUTHORITY, a Public Non-Profit 12 Corporation, and DOES 1 THROUGH 5

13 Defendants, 14 GUAM ECONOMIC DEVELOPMENT AUTHORITY, a Public Non-Profit 15 Corporation,

16 Counterclairnant.

17 GUAM ECONOMIC DEVELOPMENT AUTHORITY, a Public Non-Profit 1$ Corporation,

19 Third Party Plaintiff, 20 vs.

21 ARCHITECTS LAGUANA & CRISTOBAL LLC, 22 Third Party Defendant.

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CVOO7O-17 Inland Builders Corp. v. GEDA, etal. Page 1 of 4

INTRODUCTION

2 This matter came before the Honorable Anita A. Sukola on December 14, 2017 on

3 Defendant/Counterclaim Plaintiff Guam Economic Development Authority’s (“GEDA”) Motion 4 to Shorten Time. Attorney R. Marsil Johnson appeared on behalf of Plaintiff/Counterclaim 5 Defendant Inland Builders Corporation’s (“1BC”). Attorney Rachel Taimanao-Ayuyu appeared 6 on behalf of Defendant/Counterclaim Plaintiff Guam Economic Development Authority 7 (“GEDA”). Upon review of the written and oral arguments, legal authorities presented by the 8 parties, and for the reasons set out herein, the Court hereby GRANTS GEDA’s Motion to 9 Shorten Time.

10 BACKGROUND 11 The discovery cutoff in this case was October 28, 2019. On October 4, 2019, GEDA

12 noticed IBC of its Rule 30(b) deposition to take place on October 22, 2019. On October 14, 13 2019, ifiC informed GEDA that it objected to the deposition on grounds that the subject matters 14 were overbroad. On October 16, 2019, GEDA’s counsel responded that it did not agree with the 15 objection, and that the deposition would proceed as scheduled on October 22, 2019. On October 16 21, 2019, IBC filed a Motion for Protective Order, seeking to prohibit the deposition in its 17 entirety. LBC did not appear for the deposition on October 22, 2019. 18 On October 25, 2019, GEDA filed a Motion to Compel and for Sanctions for Failure to 19 Appear. Pursuant to the CVR 7.1 form 1 filed along with the Motion, IBC’s Opposition brief is 20 due on November 22, 2019, and GEDA’s Reply brief is due on December 6, 2019. On October 21 28, 2019, GEDA filed a Motion to Shorten Time for the Motion to Compel. IBC filed an 22 Opposition on October 29, 2019. On November 15, 2019, the Court heard a Motion Hearing on 23 the Motion to Shorten Time and subsequently took the matter under advisement. 24

CVOO7O- 17 Inland Builders Corp. v. GEDA. et at. Page 2 of 4

DISCUSSION

2 A party may move for an order to shorten time under Guam Rule of Civil Procedure

3 6(c). Whenever possible the court shall ensure time is afforded the opposing party to oppose a motion to shorten time. Id. If the motion to shorten time is granted, the court may order the parties to proceed with the matter at a time to be fixed by the court. Id.

6 The Court notes that, despite the large discovery period of this case, GEDA waited until 7 the last month of the discovery period to notice the deposition of [BC, and scheduled the $ deposition to take place during the last week of the period. Despite the last-minute nature of the 9 deposition, GEDA has complied with the discovery plan by properly noticing and scheduling a 10 deposition for [BC within the discovery period. IBC has filed a Motion for Protective Order. In the event that [BC’s Motion for Protective Order is denied, the occurrence of the deposition 12 will be significantly delayed. GEDA argues that this delay will be prejudicial because GEDA 13 needs information from the deposition in order to prepare its defense. 14 Despite GEDA’s failure to file its deposition notice with reasonable time to address any 15 complications that could arise, it filed its notice within the discovery period and should not be 16 punished as if it had filed its notice in an untimely manner. The Court therefore finds that there is 17 good cause to expedite the resolution of this matter. To avoid prejudice to [BC, the due date for 18 the Opposition brief will remain November 22, 2019. The Motion Hearing for the Motion to 19 Compel will take place on November 26, 2019, and the Court will take the matter under 20 advisement at that time. GEDA is permitted to file a Reply brief at any time prior to the Motion 21 Hearing. 22 23 24

CVOO7O- 17 Inland Builders Corp. v. GEDA. et a!. Page 3 of 4 1 CONCLUSION 2 for the reasons stated herein, the Court hereby GRANTS GEDA’s Motion to Shorten

3 Time. 4 5 A Motion Hearing for GEDA’s Motion to Compel is set for November 26, 2019, at 11 a.m.

7 SO ORDERED

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if

The Honorable Anita A. Sukola Judge, Superior Court of Guam 10

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