The Guam Daily Post

12 23Mon11302015


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Back Local News Election case officially over

Election case officially over

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THE lawsuit challenging the results of the 2010 gubernatorial election has officially been dismissed following the parties’ submission of a signed stipulation on Tuesday.

U.S. District Judge John C. Coughenour yesterday issued an order dismissing the case filed by former Gov. Carl T.C. Gutierrez, and the defendants including the Guam Election Commission.

The stipulation to dismiss the complaint was signed by Gutierrez's lawyer, Delia Lujan Wolff of Lujan Aguigui & Perez LLP, and GEC attorney Cesar C. Cabot.

A similar stipulation was signed and submitted earlier by attorney Mike Philips on behalf of Gov. Eddie Calvo and Lt. Gov. Ray Tenorio, who were also named defendants in the case.

Gutierrez, along with his former running mate Sen. Frank B. Aguon Jr., questioned the election results, alleging illegal voting and ballot-box tampering.

A similar complaint was also filed before the Superior Court of Guam.

The case in the trial court was dismissed after the plaintiff indicated that he can no longer afford the cost of the litigation.

The case was dismissed with prejudice which means Gutierrez and/or Aguon cannot bring the same claims in another case. Both parties are expected to bear their own costs.

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