TG et al v. Kern County et al

Filing 39

ORDER DIRECTING PLAINTIFF P.P. to File a Motion for Appointment of Guardian Ad Litem, signed by Magistrate Judge Jennifer L. Thurston on 10/1/2019. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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T.G., et al.,

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Plaintiffs,
v.
KERN COUNTY, et al.,
Defendants.

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Case No.: 1:18-cv-0257 - JLT
ORDER DIRECTING PLAINTIFF P.P. TO FILE A
MOTION FOR APPOINTMENT OF A
GUARDIAN AD LITEM

Plaintiffs assert they suffered violations of their civil rights and discrimination due to their

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disabilities while held at Kern County’s juvenile detention facilities. The Court’s review of the docket

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and reveals that the minor plaintiffs did not seek appointment of guardian ad litems to bring their

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claims. Because Plaintiff P.P. remains a minor, he is unable to prosecute the claims presented, and his

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claims may only be brought “by a next friend or a guardian ad litem.” See Fed. R. Civ. P. 17(c)(2).

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In addition, pursuant to Local Rule 202,

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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 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.

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Id. (citing Fed. R. Civ. P. 17(c)). However, there is no evidence identified of the appointment of a

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representative for the minor child, and no showing that such an appointment is not necessary. Thus, a
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guardian ad litem must be appointed for Plaintiff P.P. to continue as a named plaintiff in this action.

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Accordingly, the Court ORDERS: Plaintiff P.P. SHALL file a motion for Rebecca P. to be

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appointed as his guardian ad litem no later than October 8, 2019.

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IT IS SO ORDERED.
Dated:

October 1, 2019

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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