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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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. 21) Defendants. 18 19 On October 21, 2016, petitioner Nena Chavez filed a petition to be appointed guardian ad 20 21 litem for plaintiff A.K. for purposes of this action. (Doc. No. 21.) 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 Nena Chavez petitions the court to appoint her as guardian ad litem to her minor 8 child, plaintiff A.K. Plaintiff A.K. is a minor, born September 30, 2012. Petitioner states that she 9 is the mother to plaintiff A.K., and that she will represent and protect the interests of plaintiff 10 A.K. Finding good cause, the court grants the petition (Doc. No. 21) and appoints St Nena 11 Chavez guardian ad litem of A.K., a minor and plaintiff to this action. 12 IT IS SO ORDERED. 13 Dated: October 24, 2016 UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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