Estate of Ezekiel Rivera, et al. v. Kern County Sheriff's Department, et al.

Filing 34

ORDER DIRECTING RESPONSE BY PLAINTIFFS, signed by Magistrate Judge Christopher D. Baker on 7/9/2024. Ten-Day Deadline. (Hall, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ESTATE OF EZEKIEL RIVERA, et al., 12 Plaintiffs, ORDER DIRECTING RESPONSE BY PLAINTIFFS v. 13 14 Case No. 1:24-cv-00176-JLT-CDB (Doc. 22) KERN COUNTY SHERIFF’S DEPARTMENT, et al., Ten-day Deadline 15 Defendants. 16 17 18 On February 7, 2024, Plaintiffs the Estate of Ezekiel Rivera, Soluna Lora, and E.R. 19 (“Plaintiffs”) initiated this action with the filing of a complaint against Kern County Sheriff’s 20 Department, Kern County, Deputy Swords, Deputy Chavez, and Sheriff Donny Youngblood 21 (“Defendants”). (Doc. 1). On February 9, 2024, Plaintiffs filed a petition for appointment of 22 guardian ad litem for minor Plaintiff E.R. (Doc. 8). On February 12, 2024, the Court granted 23 Plaintiffs’ petition and appointed Josephina Villareal as guardian ad litem for Plaintiff E.R. (Doc. 24 9). 25 On May 31, 2024, Plaintiffs filed a first amended complaint against all Defendants. (Doc. 26 22). Among other things, the first amended complaint names E.Z. as a plaintiff and appears to 27 terminate E.R. as a plaintiff. Id. Based on a comparison of the original and amended complaints, 28 Plaintiffs E.R. and E.Z. appear to be one and the same. (Docs. 1, 22). However, both E.R. and 1 1 E.Z. remain named as parties on the docket of this action as no party has made an appropriate 2 filing to terminate any Plaintiff. See Fed. R. Civ. P. 41(a)(1). Further, only Plaintiff E.R. 3 presently is authorized to proceed through an appointed guardian ad litem. 4 Accordingly, it is HEREBY ORDERED, within ten (10) days of entry of this order, 5 Counsel for Plaintiffs: 1. Shall file a declaration addressing whether, in fact, E.R. and E.Z are one and the 6 same; 7 2. Shall file a notice pursuant to Fed. R. Civ. P. 41(a)(1) dismissing E.R. if E.R. 8 and E.Z. are one and the same; and 9 3. Shall file a renewed petition seeking appointment of guardian ad litem if E.R. 10 and E.Z. are not one and the same. 11 12 IT IS SO ORDERED. 13 Dated: July 9, 2024 ___________________ _ UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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