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)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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THE ESTATE OF JASON ALDERMAN,
JUDY EDENS, A.K, AND S.A.,
Plaintiffs,

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ORDER FOR APPOINTMENT OF
GUARDIAN AD LITEM

v.

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No. 1:16-cv-00994-DAD-JLT

CITY OF BAKERSFIELD,
BAKERSFIELD POLICE
DEPARTMENT, OFFICER CHAD
GARRETT, and OFFICER RICK
WIMBISH,

(Doc. No. 17)

Defendants.

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On March 21, 2016, petitioner Stephanie Elliott filed a petition to be appointed guardian

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ad litem for plaintiff S.A. for purposes of this action. (Doc. No. 17.)

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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
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 Stephanie Elliott petitions the court to appoint her as guardian ad litem to her

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minor child, plaintiff S.A. Plaintiff S.A. is a minor, born September 28, 2009. Petitioner states

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that she is the mother to plaintiff S.A., and that she will represent and protect the interests of

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plaintiff S.A. Finding good cause, the court grants the petition (Doc. No. 17) and appoints

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Stephanie Elliott guardian ad litem of S.A., a minor and plaintiff to this action.

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IT IS SO ORDERED.

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Dated:

October 17, 2016
UNITED STATES DISTRICT JUDGE

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