By Gina Tabonares
Variety News Staff

THE District Court of Guam will proceed with its scheduled hearings on two opposing motions filed by the local and federal governments involving compliance with the consent decree requiring the closure of the Ordot Dump and the construction of a new landfill.
U.S. Magistrate Judge Joaquin Manibusan, in denying GovGuam’s request to delay the proceedings, said the Ordot Dump closure and the construction of a new landfill is a priority not only for the court but also for the people of Guam.
The hearings on the U.S. government motion to enforce the consent decree and the GovGuam motion to modify the consent decree are scheduled at 9 a.m. today.
The district court also denied GovGuam’s request for depositions of their witnesses which, according to Judge Manibusan, should have been done within the time frames provided by the court almost three months ago.
“If counsel believed that depositions were necessary, then counsel should have scheduled these depositions back on Dec. 21, 2006,” the judge stated in his order.
Judge Manibusan assured lawyers for the U.S. government that today’s hearing would not be a full-blown evidentiary hearing although it would allow GovGuam to present brief testimony from witnesses who have not yet filed a declaration or affidavit.
The court said it will allow limited testimony from individuals who have already submitted declarations or affidavits, but only for the purpose of providing supplemental information.
“These witnesses will not be permitted to repeat or clarify information already contained in their respective declarations or affidavits, and direct testimony of witnesses will be limited to approximately 10 minutes per witness, unless the court is presented with a good cause to warrant a longer time for a witness,” Judge Manibusan said.
The GovGuam list of witnesses includes former and current Guam Department of Public Works personnel, like former director Joseph Morcilla, current director Larry Perez, employee Cynthia Jackson, technical advisor Mick Williams and procurement advisor Tim Raibley.
They are also planning to get the testimony of some representatives of the Bureau of Budget Management and Research, the Public Utilities Commission, the Guam Environmental Protection Agency, and TG Engineers and Duenas and Bordallo.
Perez and Jackson were among the witnesses who already provided their testimonies.
Morcilla also submitted his declaration after the court denied him direct testimony in today’s hearing.