Eaglesmith et al v. Ray et al

Filing 21

ORDER signed by Judge John A. Mendez on 4/4/11 GRANTING 20 Motion to Appoint Jerald Clinton (J.C.) Eaglesmith as Guardian ad Litem for petitioner.(Matson, R)

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DAN SIEGEL, SBN 56400 PETER HABERFELD, SBN 41723 MICHAEL SIEGEL, SBN 269439 SIEGEL & YEE 499 14th Street, Suite 220 Oakland, CA 94612 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs JERALD CLINTON (J.C.) EAGLESMITH, RAMONA EAGLESMITH, JUSTUS EAGLESMITH, EILEEN COX, And BRUCE BARNES IN THE UNITED STATES DISTRICT COURT

11 FOR THE EASTERN DISTRICT OF CALIFORNIA 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Petitioner Ramona Eaglesmith states as follows: 1. Justus Eaglesmith, my son, is a minor of the age of 12 years. JERALD CLINTON (J.C.) EAGLESMITH, RAMONA EAGLESMITH, JUSTUS EAGLESMITH, EILEEN COX and BRUCE BARNES ) ) ) ) ) ) ) Plaintiffs, ) vs. ) ) JEFF RAY, as an individual, SUE SEGURA, ) as an individual, BRIAN WILLIAMS, as an ) ) individual, TERRY OESTREICH, as an individual, TORI WILLITS, as an individual, ) ) GLENN HARRIS, as an individual, YVONNE ) BALES, as an individual, and BOARD OF ) TRUSTEES OF PLUMAS COUNTY OFFICE) ) OF EDUCATION/ PLUMAS COUNTY ) UNIFIED SCHOOL DISTRICT, ) ) Defendants. ) ) Case No. 2:11-CV-00098-JAM-JFM PETITION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

Eaglesmith v. Ray, Case No. 2:22-CV-0098-JAM-JFM Petition and Order for Appointment of Guardian Ad Litem- 1 PDF created with pdfFactory trial version www.pdffactory.com

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2. Justus Eaglesmith is about to commence an action in this court against Defendants Ray, Segura, Willits and the Plumas County Office of Education/Plumas Unified School District (PCOE/PUSD) claiming that they discriminated against him on the basis of race, national origin, ethnic group identification, and religion in violation of 42 U.S.C.2000d, California Education Code Section 220, and California Government Code section 11135 by denying him benefits under the state and federally financed educational program and activity. 3. Justus Eaglesmith has no general guardian and no previous petition for appointment of a

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: _______________________ WHEREFORE, petitioner moves this court for an order appointing Jerald Clinton (J.C.) Eaglesmith as guardian ad litem of petitioner for the purpose of bringing action against defendants Ray, Segura, Willits and PCOE/PUSD on the claims hereinabove stated. as Justus' guardian ad litem. 5. Jerald Clinton is willing to act as guardian ad litem for petitioner, as appears by his consent attached hereto. guardian ad litem has been filed in this matter. 4. Jerald Clinton (J.C.) Eaglesmith is Justus' father and is also a plaintiff in this action. I live with him and Justus at the following address: Jerald Eaglesmith, 5612 Genesee Road, Taylorsville, California 95983. He is a responsible person, and is fully competent to act

Eaglesmith v. Ray, Case No. 2:22-CV-0098-JAM-JFM Petition and Order for Appointment of Guardian Ad Litem- 2 PDF created with pdfFactory trial version www.pdffactory.com

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SIEGEL & YEE By _________________ Peter Haberfeld Attorney for Petitioner Ramona Eaglesmith

CONSENT OF NOMINEE I, Jerald Clinton (J.C.) Eaglesmith, the nominee of the Petitioner, consent to act as the guardian ad litem for the minor petitioner in the above action.

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: ____________________ _______________________________ Jerald Clinton (J.C.) Eaglesmith

Eaglesmith v. Ray, Case No. 2:22-CV-0098-JAM-JFM Petition and Order for Appointment of Guardian Ad Litem- 3 PDF created with pdfFactory trial version www.pdffactory.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 DATED: April 4, 2011 IT IS SO ORDERED.

ORDER The petition for an order appointing Jerald Clinton (J.C.) Eaglesmith as guardian ad litem for Petitioner is GRANTED.

/s/ John A. Mendez_______ United States District Judge

Eaglesmith v. Ray, Case No. 2:22-CV-0098-JAM-JFM Petition and Order for Appointment of Guardian Ad Litem- 4 PDF created with pdfFactory trial version www.pdffactory.com