Elkins et al v. California Highway Patrol et al

Filing 117

ORDER REQUIRING MINOR PLAINTIFFS TO COMPLY WITH RULE 17 OF THE FEDERAL RULES OF CIVIL PROCEDURE. FIVE DAY DEADLINE. Signed by Magistrate Judge Stanley A. Boone on 6/23/2016. (Hernandez, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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THE ESTATE OF CECIL ELKINS, JR., et
al.,

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ORDER REQUIRING MINOR PLAINTIFFS
TO COMPLY WITH RULE 17 OF THE
FEDERAL RULES OF CIVIL PROCEDURE

Plaintiffs,

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Case No. 1:13-cv-01483-AWI-SAB

v.
FIVE DAY DEADLINE
CALIFORNIA HIGHWAY PATROL, et al.,
Defendants.

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On June 7, 2016, this Court issued an order denying the minor Plaintiffs appointment of a

19 guardian ad litem in this action. No further petition for appointment of a guardian ad litem for
20 the minors has been filed. Pursuant to Rule 17(c) of the Federal Rules of Civil Procedure, a
21 minor who does not have a duly appointed representative may sue by a next friend or by
22 appointment of a guardian ad litem. Next friend status is established by demonstrating that the
23 real party in interest is unable to appear on his own behalf in this litigation; the next friend is
24 truly dedicated to the best interest of the person on whose behalf he seeks to litigate; and the next
25 friend has a significant relationship with the real party in interest. Whitmore v. Arkansas, 495
26 U.S. 149, 164 (1990).
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Accordingly, IT IS HEREBY ORDERED that, within five (5) days from the date of entry

28 of this order, Plaintiffs shall submit a petition in compliance with Rule 17 to establish an

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1 appropriate representative for the minor plaintiffs in this action. Failure to comply with this
2 order may result in the issuance of sanctions, up to and including dismissal of this action.
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IT IS SO ORDERED.

5 Dated:

June 23, 2016
UNITED STATES MAGISTRATE JUDGE

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