The Prudential Insurance Company of America v. Morgan et al

Filing 32

ORDER signed by Chief Judge Morrison C. England, Jr. on 1/22/2014 GRANTING defendant's 29 Petition. Defendant Ingerlisha Martinez is APPOINTED as Guardian Ad Litem to for minor petitioner A.M.. (Marciel, M)

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CANDICE L. FIELDS, SBN 172174
CANDICE FIELDS LAW
455 Capitol Mall, Suite 350
Sacramento, California 95814
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Defendant INGERLISHA MARTINEZ,
as mother and next friend of the minor child A.M.

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UNITED STATES DISTICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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THE PRUDENTIAL INSURANCE
COMPANY OF AMERICA,

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Plaintiff,

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v.

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A.M, a minor; D.P., a minor; ANDREA
MORGAN in her personal capacity;
INGERLISHA MARTINEZ, as mother and
next friend of the minor child A.M.; and
ANDREA MORGAN, in her capacity as
mother and next friend of the minor child
D.P.;

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No. 2:13-cv-00820-MCE-AC

PETITION FOR ORDER FOR
APPOINTMENT OF GUARDIAN AD
LITEM; PROPOSED ORDER

Defendants.

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Pursuant to FRCP 17(c), Petitioner, A.M., a minor, and Defendant Ingerlisha Martinez
(“Ms. Martinez”), as mother and next friend of A.M., petition and request as follows:
1.

On April 26, 2013, Plaintiff filed an Interpleader Complaint naming Ms.

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Martinez, as mother and next friend of the minor child A.M., as a Defendant/Claimant. (ECF

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1.) The Interpleader Complaint names Ms. Martinez, only in her capacity as mother and

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next friend of the minor child A.M., as a defendant. (Id.)

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2.

On July 1, 2013, Ms. Martinez, as mother and next friend of the minor child

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-12:13-cv-00820-MCE-AC
PETITION FOR APPOINTMENT OF GUARDIAN AD LITEM; PROPOSED ORDER

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A.M., filed an Answer to the Interpleader Complaint. (ECF 14.)
3.

Petitioner A.M. was born on August 10, 2004 and is therefore nine years old.

4.

No previous petition for appointment of a guardian ad litem has been filed in

this matter.
5.

Ingerlisha Martinez is Petitioner A.M.’s mother. Ms. Martinez is a competent

and responsible person, and is fully capable to act as A.M.’s guardian ad litem. Ms.
Martinez’s current address is 141 N. Circle, Apartment B, Rayville, Louisiana, 71269. Her
birthdate is July 30, 1988.
6.

Ms. Martinez is willing to act as guardian ad litem for Petitioner A.M., as shown

by her consent below.
Accordingly, Petitioner A.M. requests that this Court issue an order appointing
Ingerlisha Martinez as guardian ad litem of A.M. for the purposes of resolving the abovecaptioned matter.
Dated: January __, 2014

CANDICE FIELDS LAW

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By:

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/s/ Candice L. Fields
CANDICE L. FIELDS
Attorney for Defendant INGERLISHA
MARTINEZ, As Mother and Next Friend Of
The Minor Child A.M.

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CONSENT OF NOMINEE

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I, Ingerlisha Martinez, the nominee of the minor Petitioner A.M., consent to act as
guardian ad litem for the minor Petitioner A.M. in the above-captioned matter.

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Dated: January __, 2014

INGERLISHA MARTINEZ

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-22:13-cv-00820-MCE-AC
PETITION FOR APPOINTMENT OF GUARDIAN AD LITEM; PROPOSED ORDER

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ORDER
Based on the reasons set forth above, the Petition for an Order appointing Ingerlisha
Martinez as guardian ad litem for the minor Petitioner A.M. is GRANTED.
IT IS SO ORDERED.

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Dated: January 22, 2014

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-32:13-cv-00820-MCE-AC
PETITION FOR APPOINTMENT OF GUARDIAN AD LITEM; PROPOSED ORDER