Doe v. Sacramento Dept. of Health and Human Services

Filing 12

ORDER signed by Judge John A. Mendez on 8/5/2011 granting 3 Motion to Appoint Guardian ad Litem ORDERING that Kathryn Clark be, and hereby is, appointed Guardian ad Litem for Plaintiff, John Doe; the minor's contact information, as well as tha t of Kathryn Clark, acting as Guardian ad Litem, shall remain confidential; Court reserves the ability to require, upon further Order, that counsel for minor file with the Clerk a sealed document setting forth the true name of the minor and address of the Guardian ad Litem. (Waggoner, D)

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RICHARD A. FRISHMAN, SB# 059383

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205 North Pine Street
Nevada City, CA 95959
Telephone: [phone]
Fax:
[phone]

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Attorney for JOHN DOE, a minor

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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JOHN DOE, a minor

Case Number: 2:11-cv-01767 JAM
JFM

Plaintiff,

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PROPOSED
ORDERS:
APPOINTING KATHRYN CLARK TO
SERVE AS GUARDIAN AD LITEM,
TO PROSECUTE THE ACTION OF
PLAINTIFF, JOHN DOE; AND
PERMITTING SAID PLAINTIFF TO
MAINTAIN HIS NAME AND ALL
CONTACT INFORMATION FOR
HIMSELF AND HIS GUARDIAN AD
LITEM IN CONFIDENCE.

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vs.
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SACRAMENTO DEPARTMENT OF
HEALTH AND HUMAN SERVICES
-CHILD PROTECTIVE SERVICES OF
SACRAMENTO COUNTY, and DOES
through XXXV, inclusive.

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Defendants.

(F. R. C. P. 17(b)(c); local Rule 202)
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On July 5, 2011, KATHRYN CLARK, by counsel, moved this court to appoint

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her as Guardian ad Litem for JOHN DOE. The motion was submitted on August 3,

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2011. The court has read the papers submitted in support of the motion, reviewed

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the authorities cited, and considered the argument of counsel.

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Based upon said review, and consideration of argument, it appears to the

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court that JOHN DOE is an infant under the age of ten (10) years and has no other

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guardian able, under the laws of the State of California, to represent him in this

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- 1 ORDERS APPOINTING GUARDIAN AD LITEM AND RE CONFIDENTIALITY

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matter.

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It further appears that KATHRYN CLARK is a person fully competent to

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understand and protect the rights of this Plaintiff, and that she has no interest

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adverse to that of Plaintiff, is not connected in business with any adverse party or

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attorney or counsel of any adverse party, has sufficient ability to answer for any

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damage caused by her mishandling of this action, and has consented to act as the

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guardian ad litem for JOHN DOE in this action.

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THEREFORE, IT IS ORDERED that KATHRYN CLARK be, and hereby is,
appointed Guardian ad Litem for Plaintiff, JOHN DOE, and to prosecute this action on
his behalf. Said service to be without fee as to KATHRYN CLARK. Any request for
reimbursement of expenses; including, but not limited to, attorney(s)’ fees incurred by

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this service as guardian ad litem shall be made at the conclusion of the action
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concurrent with a Motion/Petition to Compromise the Minor’s claim.
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IT IS FURTHER ORDERED, that upon the court’s review of the Declaration of
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KATHRYN CLARK re Confidentiality of Minor’s Name and Address, and good cause
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appearing therefore:
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The Guardian ad Litem shall prosecute the action on behalf of the minor
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designating his name throughout the action as “JOHN DOE”.
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The minor’s contact information, as well as that of KATHRYN CLARK, who is
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his mother by adoption, and with whom he resides, shall remain confidential. All
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notices and communications in this case to KATHRYN CLARK, acting as guardian ad
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litem, shall be deemed completed according to law if made to counsel for the minor.
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At present, said counsel is:
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Richard A. Frishman, Esq., 205 N. Pine St., Nevada City, CA 95959

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telephone: [phone]; fax: [phone];

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e-mail: [e-mail]

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- 2 ORDERS APPOINTING GUARDIAN AD LITEM AND RE CONFIDENTIALITY

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The court reserves the ability to require, upon further Order, that counsel for

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the minor file with the Clerk of this court a sealed document setting forth the true

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name of the minor and address of the guardian ad litem. Such filing shall at all times

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remain sealed by the Clerk unless the court orders otherwise following noticed

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hearing.

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DATED: August 5, 2011

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/s/ John A. Mendez____________
U. S. DISTRICT COURT JUDGE

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- 3 ORDERS APPOINTING GUARDIAN AD LITEM AND RE CONFIDENTIALITY

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