A.W. v. Tehachapi Unified School District

Filing 15

ORDER APPOINTING GUARDIAN AD LITEM re 2 Motion to Appoint Guardian ad Litem signed by District Judge Dale A. Drozd on 2/16/2018. Amy Wright is appointed guardian ad litem of A.W., a minor plaintiff. (Jessen, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11
12

A.W., a minor, by and through his mother
AMY WRIGHT,
Plaintiff,

13

ORDER APPOINTING GUARDIAN AD
LITEM

v.

14
15

No. 1:17-cv-00854-DAD-JLT

TEHACHAPI UNIFIED SCHOOL
DISTRICT,

16

(Doc. No. 2)

Defendant.

17
18
On June 25, 2017, petitioner Amy Wright filed a petition to be appointed guardian ad

19
20

litem for plaintiff A.W. for purposes of this action. (Doc. No. 2.)

21

“District courts have a special duty, derived from Federal Rule of Civil Procedure 17(c),

22

to safeguard the interests of litigants who are minors.” Robidoux v. Rosengren, 638 F.3d 1177,

23

1181 (9th Cir. 2011). Rule 17 provides that “[t]he court must appoint a guardian ad litem—or

24

issue another appropriate order—to protect a minor or incompetent person who is unrepresented

25

in an action.” Fed. R. Civ. P. 17(c)(2). Local Rule 202(a) of this court further states, in pertinent

26

part:

27
28

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
1

1

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).

2
3
4

The decision to appoint a guardian ad litem “must normally be left to the sound discretion of the

5

trial court.” United States v. 30.64 Acres of Land, 795 F.2d 796, 804 (9th Cir. 1986).

6

Petitioner Amy Wright petitions the court to appoint her as guardian ad litem to her child,

7

plaintiff A.W., a nine-year-old minor. Petitioner states that she is the mother to plaintiff A.W.,

8

and that she is competent and responsible to represent and protect the interests of plaintiff A.W.

9

Finding good cause, the court grants the petition (Doc. No. 2) and appoints Amy Wright guardian

10

ad litem of A.W., a minor and plaintiff to this action.

11

IT IS SO ORDERED.

12

Dated:

February 16, 2018
UNITED STATES DISTRICT JUDGE

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2