Guam – Attorney Mike Phillips has filed a motion to dismiss the election lawsuit filed by Gutierrez/Aguon because the plaintiffs have failed to verify their complaint before the expiration of the statute of limitations.
As you may recall last week Phillips filed a motion to remand the case from the district court back to the superior court while Guam Election Commission attorney Cesar Cabbot filed a motion to dismiss the case from the superior court and have it tried in the district court. In an interview with PNC Cabbot said that he would join in on Phillips’ motion adding that his only concern was to ensure that this case which was filed in two courts is only fought in one court. Today Phillips filed to dismiss the case altogether from the district court. The motion cites a lack of subject matter jurisdiction and failure to state a claim. In a media release Phillips states that the plaintiffs have failed to identify any circumstance that would change the outcome of the election results.