Angell-Murray v. Commissioner of Social Security

Filing 9

ORDER granting 2 Motion to Appoint Guardian ad Litem. signed by Magistrate Judge Kendall J. Newman on 10/24/12. (Matson, R)

1

4

BESS M. BREWER, #100364
LAW OFFICE OF
BESS M. BREWER & ASSOCIATES
P.O. Box 5088
Sacramento, CA 95817
Telephone: [phone]
Facsimile: [phone]

5

Attorney for Plaintiff

2
3

6
7
8
IN THE UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
12

ALITA ANGELL-MURRAY AS
GUARDIAN AD LITEM FOR
EMMA ANGELL-MURRAY
(MINOR DAUGHTER)
SSN XXX-XX- 2548

13
Plaintiff,
14
15
16
17
18
19

)
)
)
)
)
)

Case No. 2:12-cv-2604 KJN

)

)
)
)
)
)
v.
)
)
MICHAEL J. ASTRUE,
)
COMMISSIONER OF SOCIAL
)
SECURITY ADMINISTRATION
)
Defendant
)
____________________________________)

MOTION FOR
APPOINTMENT OF ALITA
ANGELL-MURRAY AS GUARDIAN AD
LITUM FOR HER MINOR DAUGHTER
EMMA ANGELL-MURRAY;
DECLARATION AND
ORDER

20
21

MOTION

22

Plaintiff Alita Angell-Murray moves this court for an order appointing her as guardian ad litem

23

for her minor daughter, Emma Angell-Murray pursuant to Fed. R. Civ. P. 17(c) and Civ. L.R. 17-202.

24

Emma is currently 3 years old and is disabled. Through her mother she applied for Social Security/SSI

25

disability benefits which defendant denied. Ms. Angell-Murray has appealed the denial of her SS/SSI

26

disability benefits through all the administrative stages of defendant’s appeals process and now seeks

27

to represent her daughter’s interests in federal court. Ms. Angell-Murray has no interest adverse to that

28

of her daughter and is competent to represent those interests in federal court. Consequently, Ms. Angell1

1
2
3

Murray moves this court for an order appointing her guardian ad litem for Emma Angell-Murray.
Plaintiff seeks appointment as guardian ad litem on the basis of this motion and the declaration
set forth below in support of this motion.

4
5

Dated: October 11, 2012

6

Respectfully submitted
LAW OFF ICE OF
BESS M. BREWER & ASSOCIATES

7
By: /s/ Bess M. Brewer
BESS M. BREWER
Attorney for Plaintiff

8
9
10
11
12
13

DECLARATION OF ALITA ANGELL-MURRAY
I, Alita Angell-Murray, declare:
1.

I am the mother of plaintiff, Emma Angell-Murray. She is currently 3

14

years old and we live together at 3876 Wellington Place, Shasta Lake, CA

15

96019 in Shasta County.

16

2.

I am competent to protect the rights of my daughter as a plaintiff in this lawsuit.

17

3.

I have no interest adverse to that of my daughter. I am not associated in business with

18
19

any of the adverse parties or their counsel.
4.

Subject to the approval fo the court, I have retained counsel to represent my daughter and

20

me in this case. My daughter needs me to be her guardian ad litem in order to pursue

21

certain causes of action on her behalf. Her causes of action arise out of the following

22

facts: Emma was born with a heart impairment and has since failed to thrive with height

23

and weight below the 3rd percentile. Because of her impairments and on the advise of

24

her doctors, I applied for Social Security/SSI disability benefits for Emma. Social

25

Security has denied her application for benefits stating that she is not disabled. I have

26

appealed the denial through all the administrative stages and have retained counsel to

27

pursue her claim in federal court.

28
2

1
2

I declare under penalty of perjury that the foregoing is true and correct. Executed October 11,
2012, in Shasta County, CA.

3
4
5

/s/ Alita Angell-Murray
Alita Angell-Murray
Mother of Emma Angell-Murray

6
7
8
9
10
11

ORDER
Good cause appearing therefore, it is so ordered.
Dated: October 24, 2012

12
13
_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3