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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 S.B., a minor, by and through her guardians ad ) litem KRISTINA B. and MICHAEL B., and ) ) KRISTINA B. and MICHAEL B., ) Individually, ) ) Plaintiffs, ) ) v. ) CALIFORNIA DEPARTMENT OF ) EDUCATION and THE STATE OF ) ) CALIFORNIA, ) ) Defendants. ) Case No.: 1:17-cv-01507-LJO-BAM ORDER GRANTING PETITION FOR GUARDIANS AD LITEM (Doc. No. 4) 20 On November 9, 2017, Plaintiff S.B., a minor by and through her guardians ad litem Kristina 21 B. and Michael B., submitted a petition for the appointment of guardians ad litem in conjunction with 22 the initial complaint. (Doc. No. 4.) 23 “District courts have a special duty, derived from Federal Rule of Civil Procedure 17(c), to 24 safeguard the interests of litigants who are minors.” Robidoux v. Rosengren, 638 F.3d 1177, 1181 (9th 25 Cir. 2011). Rule 17 provides that “[t]he court must appoint a guardian ad litem—or issue another 26 appropriate order—to protect a minor or incompetent person who is unrepresented in an action.” Fed. 27 R. Civ. P. 17(c)(2). 28 1 1 Local Rule 202(a) of this Court further states, in pertinent part: 2 3 4 5 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. 6 7 See L.R. 202(a). 8 The decision to appoint a guardian ad litem “must normally be left to the sound discretion of 9 the trial court.” United States v. 30.64 Acres of Land, 795 F.2d 796, 804 (9th Cir. 1986). By the 10 petition, Plaintiff seeks to have the court to appoint Kristina B. and Michael B. as guardians ad litem to 11 their minor child, Plaintiff S.B. Kristina B. and Michael B. are the parents of Plaintiff S.B., a sixteen- 12 year-old minor, and allege that they are competent to act as her guardians, have no interests adverse to 13 her rights and are competent and responsible to prosecute the proposed action for her. (Doc. No. 4.) 14 15 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. 16 IT IS SO ORDERED. 17 18 19 Dated: /s/ Barbara November 15, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28 2

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