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

Filing 22

ORDER granting 21 Motion to Appoint Guardian ad Litem signed by District Judge Dale A. Drozd on 10/24/2016. (Lundstrom, T)

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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. 21)

Defendants.

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On October 21, 2016, petitioner Nena Chavez filed a petition to be appointed guardian ad

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litem for plaintiff A.K. for purposes of this action. (Doc. No. 21.)

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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 Nena Chavez petitions the court to appoint her as guardian ad litem to her minor

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child, plaintiff A.K. Plaintiff A.K. is a minor, born September 30, 2012. Petitioner states that she

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

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A.K. Finding good cause, the court grants the petition (Doc. No. 21) and appoints St Nena

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Chavez guardian ad litem of A.K., a minor and plaintiff to this action.

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IT IS SO ORDERED.

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Dated:

October 24, 2016
UNITED STATES DISTRICT JUDGE

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