Nunes et al v. County of Stanislaus et al

Filing 8

ORDER GRANTING 5 Motion to Appoint Guardian Ad Litem ; Angelina Nunes is appointed as Guardian Ad Litem to D.X. and L.X., signed by District Judge Dale A. Drozd on 06/27/17. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANGELINA NUNES, EMANUEL
ALVES, D.X., and L.X.,
Plaintiff,

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ORDER APPOINTING GUARDIAN AD
LITEM

v.

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No. 1:17-cv-00633-DAD-SAB

COUNTY OF STANISLAUS, KRISTEN
JOHNSON, and ERIC ANDERSON,

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(Doc. No. 5)

Defendants.

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On May 29, 2017, plaintiff and petitioner Angelina Nunes filed a petition to be appointed

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guardian ad litem for plaintiffs D.X. and L.X. for purposes of this action. (Doc. No. 5.)

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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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1181 (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
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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 and plaintiff Angelina Nunes petitions the court to appoint her as guardian ad

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litem to her two minor children, plaintiffs D.X. and L.X. In her sworn declaration, petitioner

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represents that she is the mother to both plaintiffs D.X. and L.X., and that she will represent and

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protect their interests in this litigation. (See Doc. No. 5-2.) Finding good cause, the court grants

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the petition (Doc. No. 5) and appoints Angelina Nunes guardian ad litem of D.X. and L.X.,

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minors and plaintiffs to this action.

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IT IS SO ORDERED.

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Dated:

June 27, 2017
UNITED STATES DISTRICT JUDGE

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