Judge grants parties time to gather evidence in lawsuit against Guam Department of Education

How prepared are attorneys to face off in trial as the lawsuit accusing education officials of violating the Adequate Education Act presses on? Or will the remaining claims in this now-trimmed case find resolution before reaching that stage?

Attorneys representing the Guam Department of Education and the Guam Legal Services Corporation Disability Law Center appeared before Superior Court Judge Elyze Iriarte today to explore those questions.

The hearing follows the court's recent dismissal of claims brought by eight GDOE students in the case, leaving now only two in the fight.

Attorney Daniel Somerfleck, representing the remaining students, said he now faces a dilemma; wanting to extend the discovery period through October, which would account for a scheduled visit to Oceanview and Agueda Johnston Middle Schools before that cut-off. 

Somerfleck acknowledged that this extension could push the trial date, tentatively set for Nov. 12, but emphasized the importance of compiling a thorough case, including five key depositions.

However, GDOE Attorney Jesse Nasis pushed back, arguing against expanded discovery, as Nasis contended that the case has narrowed to just three key points: the absence of a certified teacher for one student, a problem he says is now rectified, and the fact that both oceanview and Agueda Johnston Middle Schools passed inspections by Public Health.

Nasis also pointed out that there’s no good cause for the extension of depositions, as the depositions for the principals of both Agueda Johnston Middle School and Oceanview Middle have already been completed. 

The judge ultimately granted parties more time to gather evidence to prepare for trial. 

This now means that previously mentioned trial and pre-trial dates are off.