Garcia, et al. v. County of Kern, et al.

Filing 16

ORDER DIRECTING VICTORIA GARICA to File a Motion to Proceed as Guardian Ad Litem for Minor Plaintiff N.R., signed by Magistrate Judge Jennifer L. Thurston on 6/11/2018. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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VICTORIA GARCIA, et al.,
Plaintiffs,

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v.

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COUNTY OF KERN, et al.,
Defendants.

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Case No.: 1:18-cv-0369 - DAD- JLT
ORDER DIRECTING VICTORIA GARCIA TO
FILE A MOTION TO PROCEED AS GUARDIAN
AD LITEM FOR MINOR PLAINTIFF N.R.

On March 16, 2018, Plaintiffs initiated this action by filing a complaint. (Doc. 2) Victoria

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Garcia indicated that she is the mother of minor Plaintiff N.R., and will be proceeding as her guardian

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in this action. (See Doc. 2 at 1-2) Pursuant to Local Rule 202,
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)). Here, though the complaint indicates a guardian is necessary for

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N.R., no motion for appointment of a guardian ad litem was filed by Ms. Garcia. Because the claims

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of N.R. may only be brought “by a next friend or a guardian ad litem,” a guardian must be appointed

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to protect her interests. See Fed. R. Civ. P. 17(c)(2).

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Accordingly, the Court ORDERS: Plaintiffs SHALL file a motion for Ms. Garcia to be
appointed as guardian ad litem for minor plaintiff N.R. no later than June 25, 2018.

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IT IS SO ORDERED.
Dated:

June 11, 2018

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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