Cabrera et al v. United States of America

Filing 7

ORDER REQUIRING PATRICIA McGREW TO FILE SUPPLEMENTAL DECLARATION IN SUPPORT OF MOTION TO BE APPOINTED AS GUARDIAN AD LITEM FOR JOSIAH CABRERA. IT IS HEREBY ORDERED that within ten (10) days from the date of entry of this order, a supplemental declaration shall be filed addressing the deficiencies identified in this order. Signed by Magistrate Judge Stanley A. Boone on 1/23/2017. (Hernandez, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

CHRISTINA CABRERA, et al.,
Plaintiffs,

12
13
14
15

Case No. 1:17-cv-00019-LJO-SAB
ORDER REQUIRING PATRICIA McGREW
TO FILE SUPPLEMENTAL
DECLARATION IN SUPPORT OF MOTION
TO BE APPOINTED AS GUARDIAN AD
LITEM FOR JOSIAH CABRERA

v.
UNITED STATES OF AMERICA,
Defendants.

TEN DAY DEADLINE

16
17

On January 4, 2017, Plaintiff Christina Cabrera filed a complaint in this action along with

18 a motion to appoint her as guardian ad litem for her minor child in this action. (ECF Nos. 1, 2.)
19 On January 10, 2017, an order issued denying the motion for appointment as guardian ad litem
20 without prejudice. The Court expressed concern regarding a possible conflict of interest based
21 on the allegations in the complaint and any further petition for appointment of a guardian ad
22 litem needed to demonstrate that the guardian was dedicated to the best interest of the child and
23 address any potential conflict of interest. (ECF No. 5.) On January 19, 2017, a motion was filed
24 to appoint Patricia McGrew as guardian ad litem for Josiah Cabrera.
25

Pursuant to Rule 17 of the Federal Rules of Civil Procedure, a representative of a minor

26 may sue or defend on the minor’s behalf. Fed. R. Civ. P. 17(c). This requires the Court to take
27 whatever measures it deems appropriate to protect the interests of the individual during the
28 litigation. United States v. 30.64 Acres of Land, More or Less, Situated in Klickitat Cty., State

1

1 of Wash., 795 F.2d 796, 805 (9th Cir. 1986).
The Court finds that the current declarations filed in support of the motion for

2

3 appointment of Patricia McGrew as guardian ad litem are deficient in two respects. First, neither
4 declaration addresses whether Ms. McGrew has any conflicts of interest in serving as guardian
5 ad litem for the minor in this action. Second, Ms. McGrew does not address whether she is
6 dedicated to the best interest of the minor.
Accordingly, IT IS HEREBY ORDERED that within ten (10) days from the date of entry

7

8 of this order, a supplemental declaration shall be filed addressing the deficiencies identified in
9 this order.
10
11

IT IS SO ORDERED.

12 Dated:

January 23, 2017
UNITED STATES MAGISTRATE JUDGE

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2