The Estate of Jason Alderman et al v. City of Bakersfield et al
ORDER for Appointment of Guardian Ad Litem 17 , signed by District Judge Dale A. Drozd on 10/17/16. (Hellings, J)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
THE ESTATE OF JASON ALDERMAN,
JUDY EDENS, A.K, AND S.A.,
ORDER FOR APPOINTMENT OF
GUARDIAN AD LITEM
CITY OF BAKERSFIELD,
DEPARTMENT, OFFICER CHAD
GARRETT, and OFFICER RICK
(Doc. No. 17)
On March 21, 2016, petitioner Stephanie Elliott filed a petition to be appointed guardian
ad litem for plaintiff S.A. for purposes of this action. (Doc. No. 17.)
“District courts have a special duty, derived from Federal Rule of Civil Procedure 17(c),
to safeguard the interests of litigants who are minors.” Robidoux v. Rosengren, 638 F.3d 1177,
1181 (9th Cir. 2011). Rule 17 provides that “[t]he court must appoint a guardian ad litem—or
issue another appropriate order—to protect a minor or incompetent person who is unrepresented
in an action.” Fed. R. Civ. P. 17(c)(2). Local Rule 202(a) of this court further states, in pertinent
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).
The decision to appoint a guardian ad litem “must normally be left to the sound discretion of the
trial court.” United States v. 30.64 Acres of Land, 795 F.2d 796, 804 (9th Cir. 1986).
Petitioner Stephanie Elliott petitions the court to appoint her as guardian ad litem to her
minor child, plaintiff S.A. Plaintiff S.A. is a minor, born September 28, 2009. Petitioner states
that she is the mother to plaintiff S.A., and that she will represent and protect the interests of
plaintiff S.A. Finding good cause, the court grants the petition (Doc. No. 17) and appoints
Stephanie Elliott guardian ad litem of S.A., a minor and plaintiff to this action.
IT IS SO ORDERED.
October 17, 2016
UNITED STATES DISTRICT JUDGE
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