Dumas v. City of Elk Grove et al

Filing 50

ORDER signed by Judge Garland E. Burrell, Jr on 11/3/10 ORDERING that Tamara Dumas and Rick Dumas shall personally appear at the scheduled hearing on the 35 Motion to Withdraw at 9:00 a.m. on December 6, 2010. Further, should the motion be granted, each minor's lawsuit may be dismissed since a guardian ad litem cannot represent children without retaining a lawyer. Pltf's counsel shall provide a copy of this order to Pltfs. (Owen, K)

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Dumas v. City of Elk Grove et al Doc. 50 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 In light of Plaintiffs' counsel's motion to withdraw as attorney of record, Tamara Dumas and Rick Dumas shall personally appear at the scheduled hearing on the motion at 9:00 a.m. on December 6, 2010. Further, should the motion be granted, each minor's lawsuit may be dismissed since a guardian ad litem cannot represent children without retaining a lawyer. As the Ninth circuit stated in Johns v. County of San Diego, 114 F.3d 874, 876 (9th Cir. 1997): "[A] non-attorney parent must be represented by counsel in bringing an action on behalf of his or her child." v. CITY OF ELK GROVE; Elk Grove Police Officer CHRISTOPHER DIAZ (Badge #127); Elk Grove Police Officer ALI KHALIL (Badge #164); Elk Grove Police Officer LANCE MCDANIEL (Badge #158), Elk Grove Police Sergeant WALLY SMITH (Badge #23), Elk Grove Police Chief ROBERT SIMMONS, Defendants. ________________________________ TAMARA DUMAS, as an individual and as Guardian Ad Litem for KATELIN DUMAS and KIMBERLY DUMAS; RICK DUMAS, as an individual, Plaintiffs, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 2:09-cv-01573-GEB-JFM ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 1 Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiffs' counsel shall provide a copy of this order to Plaintiffs. Dated: November 3, 2010 GARLAND E. BURRELL, JR. United States District Judge 2

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