Whitaker et al v. Health Net of California Inc et al

Filing 68

ORDER granting 66 Motion to Appoint ad Litem Kerri A. for minor child, L.A., signed by Judge Kimberly J. Mueller on 4/26/12. (Matson, R)

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C. Brooks Cutter (SBN 121407)
KERSHAW CUTTER & RATINOFF LLP
401 Watt Avenue
Sacramento, California 95864
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Michael F. Ram, (SBN 104805)
RAM, OLSON, CEREGHINO & KOPCZYNSKI LLP
555 Montgomery Street, Suite 820
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Eric H. Gibbs (SBN 178658)
GIRARD GIBBS LLP
601 California Street, Suite 1400
San Francisco, California 94108
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Plaintiffs’ Lead Counsel

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DWIGHT WHITAKER, et al.
Plaintiffs,

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v.

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HEALTH NET OF CALIFORNIA, INC., et al.

Case No. 11-CV-00910 KJM DAD
MOTION TO APPOINT GUARDIAN AD
LITEM; DECLARATION OF PROPOSED
GUARDIAN AD LITEM, KERRI A.;
ORDER OF APPOINTMENT OF
GUARDIAN AD LITEM

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Defendant.
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MOTION TO APPOINT GUARDIAN AD LITEM

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Plaintiff L.A., in support of her motion for the appointment of a Guardian ad Litem, states as
follows:

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1.

L.A. is a minor of the age of 5 years.

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2.

L.A. is insured by Health Net, Inc. and seeks to enforce certain claims and causes of

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action resulting from Health Net, Inc.’s loss or disclosure of the identities, personal information,

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financial information, and medical information of Health Net, Inc. insureds in or around January 2011.

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3.

L.A. has no general guardian, and no previous motion for appointment of a Guardian ad

Litem has been filed in this matter.
4.

The proposed Guardian ad Litem, Kerri A., is fully competent and responsible. She is

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qualified to understand and protect the rights of the person she will represent and has no interest adverse

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to the interests of her minor child, L.A.

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5.

The proposed Guardian is L.A.’s mother and is willing to act as Guardian ad Litem as set

forth in the accompanying declaration and consent.
WHEREFORE, petitioner L.A. moves the Court for an order appointing Kerri A. as Guardian ad
Litem for the purpose of pursuing her claim against Health Net of California, Inc.

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DATED: April 20, 2012

Respectfully submitted,
GIRARD GIBBS LLP

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By:

/s/ Eric H. Gibbs
Eric H. Gibbs

Attorney for Plaintiff L.A.

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MOTION TO APPOINT GUARDIAN AD LITEM

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ORDER
THE COURT FINDS that it is reasonable and necessary to appoint a Guardian ad Litem for the
minor child, L.A., appointed as requested.

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THE COURT ORDERS that Kerri A. is hereby appointed as the Guardian ad Litem for minor

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child, L.A.

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Dated: April 26, 2012.

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UNITED STATES DISTRICT JUDGE

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ORDER APPOINTING GUARDIAN AD LITEM