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

Filing 110


Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 A.A. and L.A., on their own behalf and on behalf of A.A., Jr., 12 Plaintiffs, 13 Case No. 1:13-cv-01043-AWI-MJS SECOND ORDER REQUIRING SUPPLEMENTAL BRIEFING FROM PLAINTIFFS AND DEFENDANTS v. 14 15 16 17 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 18 Defendants. 19 20 21 22 On August 7, 2017, Plaintiffs A.A. and L.A. filed a petition for the court to approve 23 a mediated settlement agreement on behalf of minor Plaintiff, A.A., Jr., and to have A.A. 24 and L.A. appointed as guardians ad litem for A.A., Jr., to the extent the Court determines 25 doing so is necessary for purposes of approving the Mediated Settlement Agreement. 26 (ECF No. 105.) Filed under seal in support of the petition is the joint affidavit of A.A. and 27 28 1 L.A., as well as a copy of the Mediated Settlement Agreement and Release of Claims. 2 (ECF Nos. 106, 107.) 3 The Court reviewed the petition and, on September 29, 2017, ordered the 4 plaintiffs to provide supplemental briefing. (ECF No. 108.) They did so on October 13, 5 2017, by filing a document titled “Supplemental Petition,” which also is referred to as an 6 “Amended Petition.” (ECF No. 109.) 7 Upon review of Plaintiff’s submissions, it appears that Plaintiff A.A., Jr. turned 8 eighteen on September 1, 2017. (ECF No. 109.) Thus, he is no longer a minor under 9 California law. Cal. Fam. Code § 6502(a)(2). It therefore is unclear whether the petition 10 for approval of the mediated settlement agreement is moot, or whether the Court 11 maintains any authority to approve the settlement on Plaintiff’s behalf. See Fed. R. Civ. 12 P. 17(c)(2) (court must approve settlement on behalf of a minor or incompetent person); 13 Fed. R. Civ. P. 17(b) (providing that an individual's capacity to sue is determined “by the 14 law of the individual's domicile”). 15 Based on the foregoing, both Plaintiffs and Defendants are HEREBY ORDERED 16 to provide supplemental briefing within ten days regarding the Court’s authority, if any, to 17 address the petition. 18 19 20 IT IS SO ORDERED. Dated: November 20, 2017 /s/ 21 Michael J. Seng UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?