Fletcher et al v. The City of Modesto et al

Filing 18

ORDER DENYING, as moot, plaintiffs' Motion to Appoint a Guardian Ad Litem, document 8 . Order signed by Magistrate Judge Erica P. Grosjean on 12/1/2016. (Rooney, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

10 DONNA FLETCHER; NATHAN
FLETCHER; and N.F., a minor by and
11 through his Guardian Ad Litem, DONNA
FLETCHER,
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Plaintiffs,
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v.
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CITY OF MODESTO; TOM FARA; BRENT
15 SALYER; and DOES 1 through 50,

Case No. 1:16-CV-01512-LJO-EPG
ORDER DENYING MOTION TO APPOINT
GUARDIAN AD LITEM
(ECF No. 8)

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Defendants.
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Plaintiffs filed this civil rights case pursuant to 42 U.S.C. § 1983 on October 5, 2016.
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Plaintiffs Donna Fletcher (“Mother”), Nathan Fletcher (“Father”), and N.F. (“Child”) are related to

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Christopher Fletcher, who died allegedly as a result of gunshot wounds inflicted by Defendants.
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Plaintiff Donna Fletcher has filed an application for appointment as guardian ad litem for Plaintiff
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N.F., her minor grandson. (ECF No. 8.) The application is unopposed. The Court held a hearing
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regarding the application on November 18, 2016. (ECF No. 16.)
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During the hearing, it was it was revealed that Donna and Nathan Fletcher are the legal
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guardians of N.F. Thus, the Court directed Plaintiffs to submit a status report as to whether it
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would be more appropriate for N.F. to proceed with a representative pursuant to Rule 17(c)(1) or
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without a representative pursuant to Rule 17(a)(2) of the Federal Rules of Civil Procedure. (Id.)
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1 Rule 17(c) provides as follows:
(c) Minor or Incompetent Person.
(1) With a Representative. The following representatives may sue or
defend on behalf of a minor or an incompetent person:
(A) a general guardian;
(B) a committee;
(C) a conservator; or
(D) a like fiduciary.
(2) Without a Representative. A minor or an incompetent person
who does not have a duly appointed representative may sue by a
next friend or by a guardian ad litem. The 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.

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FED. R. CIV. P. 17(c) (emphasis added).
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Plaintiffs filed a status report as directed on November 29, 2016. (ECF No. 17.)
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Plaintiffs report as follows:
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Plaintiff N.F. should proceed with a representative pursuant to Federal Rule of
Civil Procedure Rule 17(c)(1)(A) because Plaintiffs Donna Fletcher and Nathan
Fletcher are the legal guardians of Plaintiff N.F. and the individuals with whom he
resides. Plaintiff N.F. should not proceed under Federal Rule of Civil Procedure
Rule 17(c)(2) because he has two duly appointed representatives that may sue on
his behalf.

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Thus, Plaintiffs Donna Fletcher and Nathan Fletcher, as the legal guardians, shall

18 represent the interests of Plaintiff N.F in this case pursuant to Rule 17(c)(1). Accordingly,
19 it is no longer necessary to appoint a guardian ad litem pursuant to Rule 17(c)(2), and the
20 application for appointment of a guardian ad litem is DENIED as moot.
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23 IT IS SO ORDERED.
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Dated:

December 1, 2016

/s/
UNITED STATES MAGISTRATE JUDGE

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