S.V. v. Delano Union Elementary School District, et al.

Filing 22

ORDER to PLAINTIFF'S COUNSEL to SHOW CAUSE Why the Matter Should Not Be Dismissed Based Upon the Child's Lack of Capacity to Sue and Counsel's Failure to Comply with Local Rule 202, signed by Magistrate Judge Jennifer L. Thurston on 9/22/2017. Show Cause Response due within 14 days. (Hall, S)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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)
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Plaintiff,
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v.
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DELANO UNION ELEMENTARY SCHOOL )
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DISTRICT, et al.,
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Defendants.
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S.V., by and through her Guardian
ad Litem CLAUDIA VALENCIA,

Case No.: 1:17-cv-00780- LJO-JLT
ORDER TO PLAINTIFF’S COUNSEL TO SHOW
CAUSE WHY THE MATTER SHOULD NOT BE
DISMISSED BASED UPON THE CHILD’S
LACK OF CAPACITY TO SUE AND
COUNSEL’S FAILURE TO COMPLY WITH
LOCAL RULE 202

Claudia Valencia initiated this action on behalf of S.V. in Kern County Superior Court, and

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named herself as the child’s guardian ad litem. (See Doc. 1 at 6) However, Ms. Valencia has failed to

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comply with applicable rules. Notably, Local Rule 202 provides,

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Upon commencement of an action . . . on behalf of a minor or incompetent person,
the attorney representing the minor or incompetent person shall present (1)
appropriate evidence of the appointment of a representative for the minor or
incompetent person under state law or (2) a motion for the appointment of a guardian
ad litem by the Court, or, (3) 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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Here, there has been no showing that Ms. Valencia was named as the child’s guardian ad litem in state

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court, and the Court’s review of the state court docket does not indicate such an order was issued.

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Further, Ms. Valencia has not sought this appointment in this court, and fails to demonstrate that no

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such appointment is required by Fed. R. Civ. P. 17(c).
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Accordingly, the Court ORDERS:

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1.

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Within 14 days of this order, counsel SHALL show cause in writing why the matter

should not be dismissed without prejudice;
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Alternatively counsel SHALL comply with Local Rule 202.

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Failure to comply with this order will result in a recommendation that the matter be dismissed

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without prejudice.

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IT IS SO ORDERED.
Dated:

September 22, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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