Guam - As DFS and Lotte are scheduled to appear before ex-parte Judge Michael Bordallo this afternoon, this morning the Judge submitted a Notice of Potential Disqualifying Facts. DFS and Lotte are scheduled to appear before the Judge on DFS's motion to grant a temporary restraining order that would stop Lotte from moving into the Guam International Airport. Lotte won the lucrative GIAA Concession contract and DFS has until Sunday to vacate the premises. DFS wants to stop Lotte from moving in until their lawsuit is resolved. DFS is alleging improprieties in the awarding of the contract to Lotte. Lotte vehemently denies the allegations and in turn has lodged similar allegations against DFS.
In his filings this morning, ex-parte Judge Bordallo disclosed the following:
1. The Deputy Executive Manager of GIAA, Peter Roy Martinez is the first cousin of the Court's spouse.
2. Board member Ed Untalan is a high school classmate of the Court and occasionally socializes with the court. The two play music together occasionally. The Court believes Mr. Untalan is one of the three board members who voted on the contract at issue.
3. Board member Peter Ada is a high school classmate of the court and frequently socializes with the Court. He was the best man at the Court's wedding and regularly plays basketball and socializes with the court. However he does not believe, Mr. Ada participated in the contract decisions.
4. The court's spouse until recently played tennis on occasion with attorney Mantanona and his wife. She has not played in the past few months.
According to the court filing, although it was not required to disclose such facts until they arise to the level of necessity of disqualification, the Court in abundance of caution disclosed the information for the parties to review prior to this afternoon's hearing which is scheduled for 2 o'clock