Warchol et al v. Kings County Office of Education et al

Filing 21

ORDER APPOINTING GUARDIAN AD LITEM, signed by District Judge Dale A. Drozd on 5/1/2017. (The court grants the 12 petition and appoints Stephanie Warchol guardian ad litem of J.M., a minor and plaintiff to this action. The hearing previously set for 5/2/2017 before District Judge Dale A. Drozd is VACATED.) (Thorp, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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STEPHANIE WARCHOL and J.M., a
minor by and through his guardian ad litem
STEPHANIE WARCHOL,

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Plaintiffs,

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No. 1:17-cv-00106-DAD-MJS

ORDER APPOINTING GUARDIAN AD
LITEM

v.
(Doc. No. 12)
KINGS COUNTY OFFICE OF
EDUCATION; JOYCE BINGHAM;
DAMIEN PHILLIPS; and DOES 1-20,

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Defendants.

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On March 30, 2017, petitioner Stephanie Warchol filed a petition to be appointed guardian

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ad litem for plaintiff J.M. for purposes of this action. (Doc. No. 12.) The petition is uncontested.

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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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1191 (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 Stephanie Warchol petitions the court to appoint her as guardian ad litem to her

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minor child, plaintiff J.M. Plaintiff J.M. is a minor, born October 10, 2003. Petitioner states that

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she is the mother to plaintiff J.M., and that she will represent and protect the interests of plaintiff

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J.M. Finding good cause, the court grants the petition (Doc. No. 12) and appoints Stephanie

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Warchol guardian ad litem of J.M., a minor and plaintiff to this action.

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IT IS SO ORDERED.

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Dated:

May 1, 2017
UNITED STATES DISTRICT JUDGE

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