S.T. v. City of Ceres et al
Filing
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ORDER APPOINTING Jessica Niblett as Guardian Ad Litem for Minor Plaintiff S.T., signed by Magistrate Judge Barbara A. McAuliffe on 11/21/2016. (Herman, H)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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S.T., a minor by and through his
guardian ad litem Jessica Niblett,
individually and as successor in interest
of Albert B. Thompson, deceased,
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Plaintiff,
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v.
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CITY OF CERES; JUSTIN
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CANATSY; JESUS SALINAS; and
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DOES 1-10; inclusive,
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Defendants.
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Case No. 1:16-cv-1713 LJO-BAM
ORDER APPOINTING JESSICA
NIBLETT AS GUARDIAN AD LITEM
FOR MINOR PLAINTIFF S.T.
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On November 10, 2016, Plaintiff S.T., a minor by and through his guardian ad litem
Jessica Niblett, attached an application for the appointment of a guardian ad litem to her initial
complaint. (Doc. 1-2.) “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 part,
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.
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See Fed. R. Civ. P. 17(c); L.R. 202(a).
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The decision to appoint a guardian ad litem “must normally be left to the sound discretion
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of the trial court.” United States v. 30.64 Acres of Land, 795 F.2d 796, 804 (9th Cir. 1986).
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Petitioner Jessica Niblett petitions the court to appoint her as guardian ad litem to her minor son,
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Plaintiff S.T. Petitioner states that she is the biological mother to eight-year old Plaintiff S.T.,
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and that she will represent and has no interests adverse to Plaintiff S.T.
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Finding good cause, IT IS HEREBY ORDERED that JESSICA NIBLETT is appointed
as guardian ad litem for Plaintiff S.T. in this action.
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IT IS SO ORDERED.
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Dated:
/s/ Barbara
November 21, 2016
A. McAuliffe
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UNITED STATES MAGISTRATE JUDGE
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