Pottier et al v. United States of America et al
Filing
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ORDER GRANTING 3 Motion to Appoint Guardian Ad Litem ad Litem signed by Magistrate Judge Barbara A. McAuliffe on 1/7/2022. (Lundstrom, T)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MARIE-PIERRE POTTIER, et al.,
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Plaintiffs,
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v.
UNITED STATES OF AMERICA,
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Defendant.
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Case No.: 1:21-cv-01138-AWI-BAM
ORDER GRANTING APPLICATION FOR
APPOINTMENT OF MARIE-PIERRE
POTTIER AS GUARDIAN AD LITEM FOR
ELODIE POTTIER
(Doc. No. 3)
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On July 28, 2021, Plaintiff Marie-Pierre Pottier, through counsel, submitted an application for a
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court order appointing Marie-Pierre Pottier as guardian ad litem for minor Plaintiff Elodie Pottier. (Doc.
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No. 3.)
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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). The decision to appoint a guardian ad litem “must normally be left to the sound
discretion of the trial court.” United States v. 30.64 Acres of Land, 795 F.2d 796, 804 (9th Cir.
1986).
By the application and supporting declarations, Plaintiffs seek to have the court appoint Plaintiff
Marie-Pierre Pottier as the guardian ad litem for minor plaintiff Elodie Pottier. Ms. Pottier is the mother
of Elodie Pottier. She alleges she is competent and willing to act as a guardian for the purpose of this
action. (Doc. No. 3 at 2.)
Finding good cause, IT IS HEREBY ORDERED that Plaintiff Marie-Pierre Pottier is appointed
as guardian ad litem for minor Plaintiff Elodie Pottier in this action.
IT IS SO ORDERED.
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Dated:
/s/ Barbara
January 7, 2022
A. McAuliffe
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UNITED STATES MAGISTRATE JUDGE
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