M.M. v. County of Kern et al

Filing 13

ORDER For Appointment of Guardian Ad Litem, signed by District Judge Dale A. Drozd on 3/28/2016. (The court grants the 6 petition and appoints David Evankovich guardian ad litem of M.M., a minor and plaintiff to this action.)(Gaumnitz, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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M.M., a minor by and through her guardian
ad litem DAVID EVANKOVICH,
Plaintiff,

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ORDER FOR APPOINTMENT OF
GUARDIAN AD LITEM

v.

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No. 1:16-cv-00376-DAD-JLT

COUNTY OF KERN et al.,

(Doc. No. 6)

Defendants.

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On March 21, 2016, plaintiff M.M., a minor by and through her guardian ad litem David

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Evankovich, filed a petition for the appointment of a guardian ad litem. (Doc. No. 6.)

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“District courts have a special duty, derived from Federal Rule of Civil Procedure 17(c),

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to safeguard the interests of litigants who are minors.” Robidoux v. Rosengren, 638 F.3d 1177,

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1181 (9th Cir. 2011). Rule 17 provides that “[t]he court must appoint a guardian ad litem—or

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issue another appropriate order—to protect a minor or incompetent person who is unrepresented

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in an action.” Fed. R. Civ. P. 17(c)(2). Local Rule 202(a) of this court further states, in pertinent

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part:

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Upon commencement of an action or upon initial appearance in
defense of an action by or on behalf of a minor . . . the attorney
representing the minor or incompetent person shall present . . . a
motion for the appointment of a guardian ad litem by the Court, or
. . . a showing satisfactory to the Court that no such appointment is
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necessary to ensure adequate representation of the minor or
incompetent person. See Fed. R. Civ. P. 17(c).

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The decision to appoint a guardian ad litem “must normally be left to the sound discretion of the

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trial court.” United States v. 30.64 Acres of Land, 795 F.2d 796, 804 (9th Cir. 1986).

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Petitioner David Evankovich petitions the court to appoint him as guardian ad litem to his

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minor child, plaintiff M.M. Plaintiff M.M. is a minor, born March 21, 1999. Petitioner states that

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he is the biological father to plaintiff M.M., and that he will represent and has no interests adverse

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to plaintiff M.M. Finding good cause, the court grants the petition (Doc. No. 6) and appoints

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David Evankovich guardian ad litem of M.M., a minor and plaintiff to this action.

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IT IS SO ORDERED.
Dated:

March 28, 2016
UNITED STATES DISTRICT JUDGE

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