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