Ross et al v. Atico International USA, Inc., et al.

Filing 7

ORDER signed by Magistrate Judge Sandra M. Snyder on 10/5/2009 GRANTING 3 Petition for Guardian Ad Litem. Tracy Ross appointed Guardian Ad Litem for Maggie Christine Ross and Ina Pate. (Lundstrom, T)

1 S te p h e n R. Cornwell, CA Bar #40737 C O R N W E L L & SAMPLE, LLP 2 A tto rn e ys at Law 7 0 4 5 N. Fruit Avenue 3 Fresno, CA 93711-0761 Telephone: [phone] F a c sim ile : [phone] 5 Attorneys for Plaintiffs TRACY ROSS, as P rosp ec tiv e Guardian ad Litem of MAGGIE 6 C H R IS T IN E ROSS, a minor; INA PATE 7 8 9 10 11 12 13 14 15 16 17 v. A T IC O INTERNATIONAL USA, INC.; W A L G R E E N COMPANY; and DOES 1 to 5 0 , inclusive. Defendants.

(SP A C E B E L O W F O R FIL I N G ST A M P O N L Y )

U N I T E D STATES DISTRICT COURT E A S T E R N DISTRICT OF CALIFORNIA, FRESNO DIVISION T R A C Y ROSS, as Guardian ad Litem of M A G G IE CHRISTINE ROSS; INA PA TE, Plaintiffs, P E T I T I O N AND ORDER FOR G U A R D I A N AD LITEM C A S E NO. 1:09-CV-01732-OWW-SMS

P e titio n e r and Plaintiff Real Party In Interest herein, MAGGIE CHRISTINE 18 R O S S , through her parent and caregiver TRACY ROSS, states the following: 19 1. 20 s u s ta in e d injuries as alleged were proximately caused by Defendant's negligence. 21 2. 22 c a u se d by defects and/or negligence or other principles of legal fault in the sale, design, 23 f a b ric a tio n , assembling, testing, modifying, selling, and/or distributing of children's folding 24 ch airs as more fully described hereinafter. 25 3. 26 a p p o in tm e n t of guardian ad litem has been filed in this matter. 27 /// 28 ///
PETITION AND ORDER FOR GUARDIAN AD LITEM

P e titio n e r is a minor, whose date of birth is September 22, 2005. Her

P e titio n e r alleges that the injury to MAGGIE CHRISTINE ROSS was

T h e minor has no general guardian and no previous petition for

1

4.

T R A C Y ROSS, whose address is 5509 Parker Drive, Mariposa,

2 C a lif o rn ia 95338, is a competent and responsible person, and she is fully competent to act 3 a s Maggie's Guardian ad Litem. 4 5. C a lif o rn ia law provides that a minor cannot sue in his or her own name.

5 R a th e r, litigation must be conducted through a guardian ad litem. (Cal. Fam. Code § 6601; 6 C a l. Code of Civ. Pro. § 372.) Rule 17 (c) of the Federal Rules of Civil Procedure likewise 7 p ro v id e s for the appointment of a guardian ad litem or similar next friend of a minor in order 8 to protect the minor's interests. 9 6. T R A C Y ROSS is willing to serve as Maggie's Guardian Ad Litem on

10 a prospective basis, as appears by her consent attached hereto. 11 W H E R E F O R E , Petitioner moves this Court for an order appointing TRACY

12 R O S S as Petitioner's Guardian as Litem for the purposes of pursuing this action against 13 D e f e n d a n ts . 14 15 D A T E D : September 30, 2009. 16 17 18 19 20 21 22 23 24 25 D E C L A R A T I O N OF TRACY ROSS IN SUPPORT OF PETITION FOR GUARDIAN AD LITEM I, Tracy Ross, state: 1. I am an adult and a resident of Mariposa County, California. I have B y: /s/ Stephen R. Cornwell CORNWELL & SAMPLE, LLP

Stephen R. Cornwell A tto rn e y for Plaintiffs T R A C Y ROSS, as Guardian ad Litem of M A G G IE CHRISTINE ROSS; INA PATE

26 p e rs o n a l knowledge of the matters set forth in this declaration. If called, I would be 27 c o m p e te n t to testify to the truth of these matters. 28
CORNWELL & SAMPLE LLP 7045 N. Fruit Avenue Fresno, CA 93711

2. Petitioner Real Party in Interest, MAGGIE CHRISTINE ROSS is a minor.

PETITION AND ORDER FOR GUARDIAN AD LITEM

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1 H er date of birth is September 22, 2005. I am her parent and caregiver. 2 I declare under penalty of perjury that the foregoing is true and correct and this

3 d e c la ra tio n was executed on September 30, 2009, in Fresno County, California. 4 5 6 7 8 9 10 C O N S E N T TO ACT AS GUARDIAN AD LITEM 11 I, Tracy Ross, consent to act as Guardian ad Litem for minor Petitioner 12 M A G G IE CHRISTINE ROSS in the above action. 13 14 D a te d : September 30, 2009. 15 Tracy Ross 16 17 18 19 ORDER G O O D CAUSE APPEARING, the Petition for an order appointing Tracy Ross /s/ Tracy Ross /s/ Tracy Ross

Tracy Ross

20 a s Guardian ad Litem for Maggie Ross for purposes of this action is GRANTED. 21 22 23 24 25 IT IS SO ORDERED. 26 D a te d : icido3 27 28
CORNWELL & SAMPLE LLP 7045 N. Fruit Avenue Fresno, CA 93711

October 5, 2009

/s/ Sandra M. Snyder U N IT E D STATES MAGISTRATE JUDGE

PETITION AND ORDER FOR GUARDIAN AD LITEM

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