Michele A. Dobson et al v. State of California et al

Filing 25

ORDER TO SHOW CAUSE RE: GUARDIAN AD LITEM STATUS by Judge Otis D. Wright, II:With no application filed and, as such, no valid representation of the minors, the Court ORDERS Plaintiff to SHOW CAUSE, by February 19, 2016, why herrepresentative capacit ies should not be stricken from the Complaint. No hearing will be held. A valid filing of the Petition for Appointment of a Guardian Ad Litem, or a brief of no more than five (5) pages explaining the inapplicability of Federal Rule 17(c), will discharge this order. (vv)

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United States District Court
Central District of California

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Case No. 2:15-cv-9648-ODW(JPR)

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MICHELE A. DOBSON, individually;

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MICHELE A. DOBSON, as Guardian Ad

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Litem for D.T.W., an 11-year-old minor,

ORDER TO SHOW CAUSE RE:

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and M.D.W., a 7-year-old-minor,

GUARDIAN AD LITEM STATUS

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individually,
Plaintiffs,

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v.

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STATE OF CALIFORNIA; COUNTY OF

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LOS ANGELES; LONG BEACH

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POLICE DEPARTMENT;

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DEPARTMENT OF CHILDREN AND

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FAMILY SERVICES OF THE COUNTY

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OF LOS ANGELES; DEPARTMENT OF

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HUMAN SERVICES SYSTEMS OF THE

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COUNTY OF LOS ANGELES;

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SHANNON STEVENSON; KELLY

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CALLAHAN; BILLY FOSTER;SARAI

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GARCIA; HELENE HANDLER;

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ROBERT MUNOZ; JAMIE ESTRADA;

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DI LINDA BOSSENMEYER; BRITTANI

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JOHNSON; KAIRON WILLIAMS;

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SUSAN JEOUNG; LONG BEACH

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UNIFIED SCHOOL DISTRICT; LAURA

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WHEELS; IDA MOSCOSCO; LAW

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OFFICES OF MARLENE FURTH;

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CHILDRENS LAW CENTER OF

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CALIFORNIA; CAMP FIRE WRAP

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USA; JENNIFER CANTALAN; DANIEL

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KRAMON,

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Defendants.

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Plaintiff Michele A. Dobson seeks to represent the interests of two minor

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children, D.T.W. and M.D.W, in the action at bar. (Compl. ¶ 9, ECF No. 4.) Ms.

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Dobson seeks to do so as the Guardian Ad Litem for the minor children, but to date

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has yet to apply to this Court for appointment as such. Under Federal Rule of Civil

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Procedure 17(c), a minor child without a duly appointed representative may be

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represented by a next friend or Guardian Ad Litem. However, that Guardian Ad

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Litem must be appointed by the Court. Id. The application for Guardian Ad Litem

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status must be filed at the time of the minor’s first appearance. L.R. 17-1.1.

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With no application filed and, as such, no valid representation of the minors, the

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Court ORDERS Plaintiff to SHOW CAUSE, by February 19, 2016, why her

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representative capacities should not be stricken from the Complaint. No hearing will

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be held. A valid filing of the Petition for Appointment of a Guardian Ad Litem, or a

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brief of no more than five (5) pages explaining the inapplicability of Federal Rule

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17(c), will discharge this order.

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IT IS SO ORDERED.

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February 5, 2016

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____________________________________
OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE

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