A.A. et al v. Clovis Unified School District et al

Filing 110

SECOND ORDER REQUIRING SUPPLEMENTAL BRIEFING FROM PLAINTIFFS AND DEFENDANTS; TEN (10) DAY DEADLINE, signed by Magistrate Judge Michael J. Seng on 11/20/2017. (Bernacchi, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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A.A. and L.A., on their own behalf and
on behalf of A.A., Jr.,

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Plaintiffs,
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Case No. 1:13-cv-01043-AWI-MJS
SECOND ORDER REQUIRING
SUPPLEMENTAL BRIEFING FROM
PLAINTIFFS AND DEFENDANTS

v.
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CLOVIS UNIFIED SCHOOL
DISTRICT, CLOVIS SELPA, MARY
BASS, in her personal and official
capacities as SELPA
ADMINISTRATOR and DIRECTOR OF
SPECIAL EDUCATION for CLOVIS
USD,

TEN (10) DAY DEADLINE

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Defendants.
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On August 7, 2017, Plaintiffs A.A. and L.A. filed a petition for the court to approve
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a mediated settlement agreement on behalf of minor Plaintiff, A.A., Jr., and to have A.A.
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and L.A. appointed as guardians ad litem for A.A., Jr., to the extent the Court determines
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doing so is necessary for purposes of approving the Mediated Settlement Agreement.
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(ECF No. 105.) Filed under seal in support of the petition is the joint affidavit of A.A. and
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L.A., as well as a copy of the Mediated Settlement Agreement and Release of Claims.

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(ECF Nos. 106, 107.)

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The Court reviewed the petition and, on September 29, 2017, ordered the

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plaintiffs to provide supplemental briefing. (ECF No. 108.) They did so on October 13,

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2017, by filing a document titled “Supplemental Petition,” which also is referred to as an

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“Amended Petition.” (ECF No. 109.)

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Upon review of Plaintiff’s submissions, it appears that Plaintiff A.A., Jr. turned

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eighteen on September 1, 2017. (ECF No. 109.) Thus, he is no longer a minor under

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California law. Cal. Fam. Code § 6502(a)(2). It therefore is unclear whether the petition

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for approval of the mediated settlement agreement is moot, or whether the Court

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maintains any authority to approve the settlement on Plaintiff’s behalf. See Fed. R. Civ.

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P. 17(c)(2) (court must approve settlement on behalf of a minor or incompetent person);

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Fed. R. Civ. P. 17(b) (providing that an individual's capacity to sue is determined “by the

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law of the individual's domicile”).

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Based on the foregoing, both Plaintiffs and Defendants are HEREBY ORDERED

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to provide supplemental briefing within ten days regarding the Court’s authority, if any, to

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address the petition.

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IT IS SO ORDERED.
Dated:

November 20, 2017

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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