McKeon et al v. Central Valley Community Sports Foundation et al
Filing
7
ORDER Appointing Guardian Ad Litem 6 , signed by District Judge Dale A. Drozd on 03/15/18. (Martin-Gill, S)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
12
MEGAN MCKEON; LAILA NEAL, a
minor by and through her guardian ad
litem, TINA NEAL; and TINA NEAL,
13
Plaintiffs,
14
15
16
No. 1:18-cv-00358-DAD-BAM
ORDER APPOINTING GUARDIAN AD
LITEM
v.
(Doc. No. 6)
GATEWAY ICE CENTER; and DOES 1
through 50, inclusive,
Defendants.
17
18
On March 14, 2018, plaintiff Tina Neal filed a petition to be appointed guardian ad litem
19
20
for plaintiff Laila Neal for purposes of this action. (Doc. No. 6.)
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
Tina Neal petitions the court to appoint her as guardian ad litem to her child, plaintiff
7
Laila Neal, a ten-year-old minor suffering from cerebral palsy. Petitioner states that she is the
8
mother to plaintiff Laila Neal, and that she is competent and responsible to represent and protect
9
the interests of plaintiff Laila Neal. Finding good cause, the court grants the petition (Doc. No. 6)
10
and appoints Tina Neal guardian ad litem of Laila Neal, a minor and plaintiff in this action.
11
IT IS SO ORDERED.
12
Dated:
March 15, 2018
UNITED STATES DISTRICT JUDGE
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?