The Estate of Jason Alderman et al v. City of Bakersfield et al

Filing 20

ORDER for Appointment of Guardian Ad Litem 17 , signed by District Judge Dale A. Drozd on 10/17/16. (Hellings, J)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 THE ESTATE OF JASON ALDERMAN, JUDY EDENS, A.K, AND S.A., Plaintiffs, 13 16 17 ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM v. 14 15 No. 1:16-cv-00994-DAD-JLT CITY OF BAKERSFIELD, BAKERSFIELD POLICE DEPARTMENT, OFFICER CHAD GARRETT, and OFFICER RICK WIMBISH, (Doc. No. 17) Defendants. 18 19 On March 21, 2016, petitioner Stephanie Elliott filed a petition to be appointed guardian 20 21 ad litem for plaintiff S.A. for purposes of this action. (Doc. No. 17.) 22 “District courts have a special duty, derived from Federal Rule of Civil Procedure 17(c), 23 to safeguard the interests of litigants who are minors.” Robidoux v. Rosengren, 638 F.3d 1177, 24 1181 (9th Cir. 2011). Rule 17 provides that “[t]he court must appoint a guardian ad litem—or 25 issue another appropriate order—to protect a minor or incompetent person who is unrepresented 26 in an action.” Fed. R. Civ. P. 17(c)(2). Local Rule 202(a) of this court further states, in pertinent 27 part: 28 ////// 1 1 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 necessary to ensure adequate representation of the minor or incompetent person. See Fed. R. Civ. P. 17(c). 2 3 4 5 The decision to appoint a guardian ad litem “must normally be left to the sound discretion of the 6 trial court.” United States v. 30.64 Acres of Land, 795 F.2d 796, 804 (9th Cir. 1986). 7 Petitioner Stephanie Elliott petitions the court to appoint her as guardian ad litem to her 8 minor child, plaintiff S.A. Plaintiff S.A. is a minor, born September 28, 2009. Petitioner states 9 that she is the mother to plaintiff S.A., and that she will represent and protect the interests of 10 plaintiff S.A. Finding good cause, the court grants the petition (Doc. No. 17) and appoints 11 Stephanie Elliott guardian ad litem of S.A., a minor and plaintiff to this action. 12 IT IS SO ORDERED. 13 Dated: October 17, 2016 UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 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?