Munoz et al v. State of California et al

Filing 4

ORDER REQUIRING DEFENDANTS TO FILE ORDER APPOINTING GUARDIAN AD LITEM FOR MINOR PLAINTIFFS, signed by Magistrate Judge Stanley A. Boone on 05/08/2024. IT IS HEREBY ORDERED that, within five (5) days from the date of entry of this order, Defendants shall file a copy of the orders appointing a guardian ad litem for the minor plaintiffs in this matter. (Nguyen, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BRYAN MUNOZ, et al.,

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Case No. 1:24-cv-00540-KES-SAB

Plaintiffs,
ORDER REQUIRING DEFENDANTS TO FILE
ORDER APPOINTING GUARDIAN AD LITEM
FOR MINOR PLAINTIFFS

v.
STATE OF CALIFORNIA, et al.,

FIVE DAY DEADLINE
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Defendants.

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On May 7, 2024, Defendants removed this action from the Tulare County Superior Court

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to the Eastern District of California. (ECF No. 1.) Upon review of the notice of removal, this

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action is brought by Bryan Munoz, Jerry Munoz-Molina, and Angelene Munoz-Molina who are

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minors through their guardian ad litem. The docket from Tulare County Superior Court shows

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that the state court has entered orders appointing a guardian ad litem for each of the minor

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plaintiffs.

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Pursuant to Rule 17 of the Federal Rules of Civil Procedure, a representative of an

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incompetent person may sue or defend on the incompetent person’s behalf. Fed. R. Civ. P. 17(c).

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This requires the Court to take whatever measures it deems appropriate to protect the interests of

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the individual during the litigation. United States v. 30.64 Acres of Land, More or Less, Situated

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in Klickitat Cty., State of Wash., 795 F.2d 796, 805 (9th Cir. 1986). The appointment of the

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guardian ad litem is more than a mere formality. Id. “A guardian ad litem is authorized to act on
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behalf of his ward and may make all appropriate decisions in the course of specific litigation.” Id.

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Rule 101 of the Local Rules of the Eastern District of California provides that the

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appropriate state court file records shall be filed electronically in a removed case. Accordingly,

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IT IS HEREBY ORDERED that, within five (5) days from the date of entry of this order,

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Defendants shall file a copy of the orders appointing a guardian ad litem for the minor plaintiffs

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in this matter.

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IT IS SO ORDERED.
Dated:

May 8, 2024
UNITED STATES MAGISTRATE JUDGE

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