FORMER Sen. Frank Aguon has decided to also file a stipulation and order for dismissal with prejudice motion against the Guam Election Commission.
The document was filed a day after former Gov. Carl T.C. Gutierrez filed a similar stipulation with the Superior Court.
The Variety contacted attorney Mike Phillips, the lawyer for Gov. Eddie Calvo and Lt. Gov. Ray Tenorio, to ask if there will be a hearing on the motions.
Phillips said it is unlikely there will be a hearing as the documents submitted are stipulations and not motions which require hearings. He added the judge always has the discretion to call a hearing to address any issues the judge may believe are outstanding.
When asked if Aguon’s filing is a formality, Phillips said it isn’t.
“Both former Sen. Aguon and former Gov. Gutierrez were without counsel but still have an active case before the Superior Court of Guam and the District Court of Guam. Both parties must dismiss their cases – and we now have this completed in the Superior Court of Guam and will be moving soon to have the same dismissed in the District Court,” Phillips said.
Aguon, who was Gutierrez’s running mate in the 2010 elections, pulled out of the lawsuit a few months ago, citing personal reasons. Their attorney, David Lujan, then recused himself from the case.
The Variety contacted Aguon for comment but there was no response as of press time.
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