M. et al v. Drycreek Joint Elemtnary School District et al

Filing 11

ORDER signed by Judge Garland E. Burrell, Jr on 5/19/10 ORDERING that Kevin and Lyndi Marchese are apponted as Guardina as Litem for G.M. the Clerk of Court shall use the initials G.M. for the minor on the civil docket and shall discontinue using the minor's first name. (Mena-Sanchez, L)

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K E V I N and LYNDI MARCHESE [K e v in Marchese, State Bar No. 148931] 1 3 2 7 Muscat Circle R o s e v ille , California 95747 T e le p h o n e : [phone] F a x : [phone] E m a il: [e-mail] P la in tif f s Parents/Pro Se, and as G u a rd ia n ad Litem for Minor Plaintiff, Grayson M. K e v in Marchese, Attorney for Grayson M.

I N AND FOR THE UNITED STATES DISTRICT COURT E A S T E R N DISTRICT OF CALIFORNIA

G . M., a minor, by and through his G u a rd ia n ad Litem, KEVIN MARCHESE, an individual, and LYNDI MARCHESE, a n individual, P la in tif f s ,

14 vs. 15 16 17 18 19 Defendants. 20 21 22 23 24 25 26 27 28 D R Y C R E E K JOINT ELEMENTARY S C H O O L DISTRICT; CALIFORNIA D E P A R T M E N T OF EDUCATION; and JA C K O'CONNELL, in his official capacity as STATE SUPERINTENDENT OF PUBLIC INSTRUCTION FOR THE S T A T E OF CALIFORNIA,

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C A S E NO. 2:10-cv-00944 GEB GGH AM ENDED E X - P A R T E MOTION TO APPOINT PARENTS AS G U A R D IA N S AD LITEM OF M IN O R CHILD, AND FOR PLAINTIFFS IN PRO SE TO B E ALLOWED TO FILE E L E C T R O N IC A L L Y ; [PROPOSED] ORDER

K e v i n and Lyndi Marchese, Parents of minor and applicants herein, make request to the Court to be appointed as the Guardians as Litem for their minor son, G. M. G. M. is a minor, date of birth 4/24/1996, and has causes of action against Defendants on which s u it is brought for De-Novo/Review of Administrative Due Process (14 U.S.C. § 1400, et s e q .) And Section 504 of the Rehabilitation Act of 1973. The appointment of the Guardians ad Litem is necessary because G. M. has been a g g rie v e d by the administrative hearing process, along with his Parents, and is the -1-

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a g g rie v e d party of other claims and causes whose interests must be advanced pursuant to F .R .C .P . 38, and Local Rule 200. P a re n ts /a p p lic a n ts further request that they be allowed to participate in the C M /E C F system and file documents electronically during the pendency of this action. Parents are Pro Se litigants who have brought action individually and on behalf of their m in o r child for IDEA due process and Section 504/Rehabilitation Act 1973 claims, which c laim s parents are permitted to bring actions in their own right and on behalf of their c h ild . Parents operate as a team with respect to this due process de-novo/review and c la im s . Father of minor is a attorney licensed to practice in this Court (SBN 148931), and w ill represent minor as attorney of record pursuant to J.R. v. Sylvan Union School D istrict, 2008 U.S. Dist. Lexis 18168 (Eastern Dist. Calif., March 10, 2008).

D a te d : May 19, 2010

R e sp e c tf u lly submitted, /s/ Kevin Marchese KEVIN MARCHESE /s/ Lyndi Marchese LYNDI MARCHESE

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ORDER P la in tif f s Kevin Marchese and Lyndi Marchese seek to be appointed as Guardians a d Litem for their son, Plaintiff G. M. Plaintiffs Kevin Marchese and Lyndi Marchese c o n tin u e to disregard Federal Rule of Civil Procedure 5.2(a)(3) and Local Rule 1 4 0 (a )(i), which require that only a minor plaintiff's initials be used in any e le c tr o n ic or paper filing. These Plaintiffs also disregarded he Order filed on May 7, 2 0 1 0 in which they were told": All future filings in this case shall comply with these ru le s. The caption of this case is amended as reflected above, by only referring to the m in o r by his initials." Plaintiffs Kevin Marchese and Lyndi Marchese are warned that f a ilu re to comply with a court order could result in a filing being stricken, and/ or s a n c tio n s . IT IS HEREBY ORDERED that Kevin and Lyndi Marchese are appointed as G u a rd ia n ad Litem for G. M. F U R T H E R Kevin Marchese, represents that he is admitted to practice before this C o u rt, and states he is attorney of record for minor G.M. Lastly, the Clerk of Court shall use the initials G.M. for the minor on the civil d o c k e t and shall discontinue using the minor's first name. See Federal Rule of Civil P roc ed u re 5.2(a)(3) and Local Rule 140(a)(i). D a te d : May 19, 2010

GARLAND E. BURRELL, JR. U n i t e d States District Judge

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