McClintic et al v. United States Postal Service et al

Filing 17

ORDER Appointing Guardian Ad Litem for Joseph McClintic re 3 signed by Magistrate Judge Gary S. Austin on 4/22/2013. IT IS HEREBY ORDERED that Marlene A. Hubbell is appointed as guardian ad litem for plaintiff Joseph Robert McClintic in this action.(Martinez, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSEPH ROBERT McCLINTIC, an
individual, by and through his
Guardian ad Litem, MARLENE
A. HUBBELL in her capacity as
co-trustee of the JOSEPH ROBERT
McCLINTIC LIVING TRUST,

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CASE NO. 1:13-cv-439 LJO-GSA

Plaintiffs,
vs.
ORDER APPOINTING GUARDIAN AD
LITEM FOR JOSEPH McCLINTIC

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UNITED STATES POSTAL SERVICE;
BERTHA CERVANTES, individually and (Doc. 3)
in her official capcity; and DOES 1
THROUGH 50, inclusive,

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Defendants.
/

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On March 25, 2013, Plaintiff, filed an Ex Parte Application for Appointment of Guardian ad

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Litem for Mr. Jospeh Robert McClintic (“Mr. McClintic”). (Doc. 3). Mr. McClintic is eighty-four

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(84) years of age and resides in an assisted living facility. The Court takes judicial notice of the fact

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that Mr. McClintic is presently subject to a temporary conservatorship pursuant to orders made in the

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matter of Conservatorship of the Person and Estate of Joseph Robert McClintic, Fresno County
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Superior Court, Case No. 10 CEPR01130.

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Ms. Hubbell is the natural daughter of Mr. McClintic and has requested that she be appointed

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his guardian ad litem in this action. She is currently co-trustee of The Joseph Robert McClintic

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Living Trust dated June 4, 2010. She is also an attorney who is admitted and licensed to practice law

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in the State of California as well as before this Court.

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The court has determined that pursuant to Federal Rule of Civil Procedure 17(c), a guardian

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ad litem is appropriate. Upon a consideration of the application, the court has determined that the

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petition should be granted.

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IT IS HEREBY ORDERED that Marlene A. Hubbell is appointed as guardian ad litem for
plaintiff Joseph Robert McClintic in this action.

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IT IS SO ORDERED.

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Dated:
6i0kij

April 22, 2013

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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