Abarca, et. al. vs. Merck & Co., et.al.

Filing 251

ORDER Granting #246 Petition for Appointment of Guardians Ad Litem for minors 14 years and older signed by Judge Oliver W. Wanger on 01/30/2009. (Flores, E)

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Michael G. Marderosian, No. 77296 Brett L. Runyon, No. 133501 Michael E. Lehman, No. 133523 MARDEROSIAN, RUNYON, CERCONE, LEHMAN & ARMO 1260 Fulton Mall Fresno, CA 93721 Telephone: [phone] Facsimile: [phone] Michael J. Bidart, No. 60582 Ricardo Echeverria, No. 166049 Gregory L. Bentley, No. 151147 SHERNOFF, BIDART, DARRAS & ECHEVERRIA 600 South Indian Hill Boulevard Claremont, CA 91711-5498 Telephone: [phone] Facsimile: [phone] Thomas V. Girardi, No. 36603 Thomas J. Johnston, No. 210506 GIRARDI & KEESE 1126 Wilshire Boulevard Los Angeles, CA 90017 Telephone: [phone] Facsimile: [phone] Jack Silver, No. 160575 LAW OFFICE OF JACK SILVER Post Office Box 5469 Santa Rosa, CA 95402 Telephone: [phone] Facsimile: [phone]

Attorneys for: Plaintiffs UNITED STATES DISTRICT COURT

20 EASTERN DISTRICT OF CALIFORNIA / FRESNO DIVISION 21 22 23 24 25 26 27 28
P E T I T I O N A N D O R D E R FO R A P P O I N T M E N T O F G U A R D I A N S A D L I T E M (F O R M I N O R S 14 Y E A R S A N D O L D E R )

ABARCA, RAUL VALENCIA, et al. Plaintiffs, v. MERCK & CO., INC., et al., Defendants.

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Case No. 1:07-CV-0388 OWW DLB PETITION AND ORDER FOR APPOINTMENT OF GUARDIANS AD LITEM (FOR MINORS 14 YEARS AND OLDER)

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MARDEROSIAN, RUNYON, CERCONE, LEHMAN & ARMO 1260 Fulton Mall Fresno, CA 93721

Petitioners state as follows: 1. This Petition is submitted pursuant to Federal Rules of Civil Procedure 17(c) and

Eastern Local Rule 17-202, for purposes of establishing a Guardian ad Litem for the minor plaintiffs (over 14 years of age) identified in the attachments to this Petition. 2. The minors identified in the attachments to this Petition are named plaintiffs in the

above-captioned matter arising out of Clean Water Act and RCRA violations; soil and water contamination; and flooding events in April of 2006. The damages sought in this action by plaintiffs in this action, including the minor plaintiffs, include, but are not limited to personal injuries and emotional distress damages arising out of the flooding event in April of 2006, as identified in plaintiffs' Fifth Amended Complaint. Further, damages will be sought for past and continuing exposure to soil, groundwater and airborne contaminants from the April 2006 flooding event and from the past and continuing exposure to contaminants as a result of defendants' conduct. 3. Each of the minors identified in the documents attached to this Petition have no

general guardian and no previous Petition for appointment of Guardian ad Litem has been filed in this matter as to those minors. 4. Petitioners as identified in the attachments to this Petition are competent and

responsible persons, fully competent to act as Guardians ad Litem, for each of the minor persons identified in the attached documents. 5. Petitioners are willing to act as Guardians ad Litem for the minors, as demonstrated

by their consent attached hereto. WHEREFORE, Petitioners move this court for an order appointing them as Guardian ad Litems of the minor plaintiffs for the purpose of prosecuting the above-captioned action on their behalf. Dated: February 2, 2009 MARDEROSIAN, RUNYON, CERCONE LEHMAN & ARMO By: /s/ Michael G. Marderosian, Esq. MICHAEL G. MARDEROSIAN, Attorney for Petitioners and Minors
P E T I T I O N A N D O R D E R FO R A P P O I N T M E N T O F G U A R D I A N S A D L I T E M (F O R M I N O R S 14 Y E A R S A N D O L D E R )

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MARDEROSIAN, RUNYON, CERCONE, LEHMAN & ARMO 1260 Fulton Mall Fresno, CA 93721

ORDER The Petition for an order appointing Petitioners as Guardian ad Litems for the minors (over 14 years of age) identified in the attached Consent to Act as Guardian ad Litem is GRANTED. This order appointing the Guardians ad Litem as identified in the attached documents, is hereby deemed an amendment to plaintiffs' Fifth Amended Complaint for purposes of identifying minor plaintiffs and their Guardian ad Litem. No further amendment of the Complaint is required. IT IS SO ORDERED.

Dated: January 30, 2009

/s/ OLIVER W. WANGER OLIVER WANGER United States District Judge

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P E T I T I O N A N D O R D E R FO R A P P O I N T M E N T O F G U A R D I A N S A D L I T E M (F O R M I N O R S 14 Y E A R S A N D O L D E R )