Island Eye Center v. Lombard and Advanced Eyecare

Opinion

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FILED

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3 CLERK OF COURT 4

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BY 11

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6 IN THE SUPERIOR COURT OF GUAM 7

8 ISLAND EYE CENTER, INC. db ISLAND EYE AND RETINA CENTER, 9 Plaintiff;

10 vs. Case No. CV0026-17 11 PETER n. LOMBARD, M.D., ADVANCED 12 DECISION AND ORDER EYECARE, LLC db LOMBARD HEALTH, DESIREE NEDEDOG, JOHN and JANE 13 DOES 1 through 20, 14 Defendants.

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16 INTRODUCTION

17 Defendants have moved for leave to exceed the 10-page limit in their reply to Plaintiff s 18 opposition to a motion for summary judgment; This matter is before the Honorable Michael J.

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20 Bordello. Island Eye Center, Inc. db Island Eye and Retina Center ("Island Eye") is

21 represented by Daniel J. Berman, Esq. of Berman O'Connor & Mann. Peter N. Lombard, M.D.,

22 Advanced Eyecare, LLC db Lombard Health, Desiree Nededog, John and Jane Does 1 through

23 20 ("Defendants") are represented by attorney Delia Lujan Wolff of Lujan & Wolff, LLP.

24 Having considered the arguments and the applicable law, the Court hereby GRANTS 25 Defendants' motion.

26 ORIGINALPage 1 of 3

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1 BACKGROUND

2 The instant matter arises out of Defendants' Mar. 13, 2019 Motion for Leave of Court to

3 Exceed Page Limit ("Motion") in their 15-page reply to Plaintiffs opposition to a motion for

4 summary judgment. That reply will be referred to as the "15-Page Reply." Plaintiff filed an 5 opposition to the Motion on Mar. 26, 2019. On Apr. 24, 2019, Defendants filed a reply to that 6 opposition. The matter is now before the Court.

7 PRINCIPLES OF LAW

8 The Local Rules of the Superior Court of Guam state that briefs in support of or 9 10 opposing a motion shall not exceed twenty (20) pages without leave of court to File additional

11 pages. CVR 7(g). The Local Rules also state that a moving palty's reply brief or memoranda

12 may not exceed ten (10) pages without leave of court. Ii Disclosure statements, tables of

13 contents or authorities, addendums, declarations or affidavits, and exhibits do not count toward

14 the page limitation.

15 ANALYSIS 16 The Could will grant the Motion requesting leave for the 15-Page Reply to exceed 10 17 0 c . . . . ¢ pages. Island Eye's onglnal complaint mstlgated a large, complex case wlth multiple causes of 18 action, five of which remained at the time Defendants filed a motion for summary judgment on 19 Jan. 11, 2019. Island Eye's opposition to the motion for summary judgment was a 20-page 20 document, the maximum length permitted without requiring leave of the Court for excess 21 pages. The 15-Page Reply responds to Island Eye's opposition to summary judgment on the 22 23 five remaining causes of action. Because there are five causes of action addressed in the

24 motion for summary judgment, the typical 10-page limit for a reply would give Defendants an

25 average of two pages to address Island Eye's opposition to summary judgment for each cause

26 of action. Instead, the 15-Page Reply uses an average of three pages for each cause of action.

Page 2 of 3

1 Considering the complexity of this case and considering that the parties are addressing five

z causes of action, each a complicated matter, the Court will grant leave to Defendants to exceed

3 the standard 10-page limit in its 15-Page Reply. 4 CONCLUSION AND ORDER

5 For the above reasons, the Court GRANTS Defendants' Motion for Leave of Court to 6 Exceed Page Limit.

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9 SO ORDERED, this day of 2019.

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14 HONORABLE MICHAEL J. BORDALLO Judge, Superior Court of Guam 15

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SEIKVA v\.¢'iV.\l ».JA 24 I acknowledge u.: acopy of the original hereto was placed in the 25 court box of: a

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