S.B., et al v. California Department of Education, et al.

Filing 5

ORDER granting 4 Petition for Guardians Ad Litem signed by Magistrate Judge Barbara A. McAuliffe on 11/15/2017. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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S.B., a minor, by and through her guardians ad )
litem KRISTINA B. and MICHAEL B., and )
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KRISTINA B. and MICHAEL B.,
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Individually,
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Plaintiffs,
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v.
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CALIFORNIA DEPARTMENT OF
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EDUCATION and THE STATE OF
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CALIFORNIA,
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Defendants.
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Case No.: 1:17-cv-01507-LJO-BAM
ORDER GRANTING PETITION FOR
GUARDIANS AD LITEM
(Doc. No. 4)

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On November 9, 2017, Plaintiff S.B., a minor by and through her guardians ad litem Kristina

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B. and Michael B., submitted a petition for the appointment of guardians ad litem in conjunction with

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the initial complaint. (Doc. No. 4.)

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

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safeguard the interests of litigants who are minors.” Robidoux v. Rosengren, 638 F.3d 1177, 1181 (9th

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Cir. 2011). Rule 17 provides that “[t]he court must appoint a guardian ad litem—or issue another

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appropriate order—to protect a minor or incompetent person who is unrepresented in an action.” Fed.

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R. Civ. P. 17(c)(2).

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Local Rule 202(a) of this Court further states, in pertinent 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.

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See L.R. 202(a).

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

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

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petition, Plaintiff seeks to have the court to appoint Kristina B. and Michael B. as guardians ad litem to

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their minor child, Plaintiff S.B. Kristina B. and Michael B. are the parents of Plaintiff S.B., a sixteen-

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year-old minor, and allege that they are competent to act as her guardians, have no interests adverse to

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her rights and are competent and responsible to prosecute the proposed action for her. (Doc. No. 4.)

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Finding good cause, IT IS HEREBY ORDERED that Kristina B. and Michael B. are appointed
as guardians ad litem for Plaintiff S.B. in this action.

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IT IS SO ORDERED.
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Dated:

/s/ Barbara

November 15, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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