Wilson v. City of West Sacramento et al

Filing 56

ORDER signed by Magistrate Judge Allison Claire on 8/11/15 ORDERING that A Status Conference is SCHEDULED for 8/26/2015 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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REBECCA WILSON (by and through
Heatherlyn Bevard as Guardian ad Litem),
Plaintiff,

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No. 2:13-cv-02550 WBS AC

ORDER
v.
CITY OF WEST SACRAMENTO;
SERGIO ALVAREZ; West Sacramento
Police Department Chief DAN
DRUMMOND and DOES 1 through 30,
inclusive,
Defendants.

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This matter has now been referred to the undersigned to consider plaintiff’s desire to
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proceed without a guardian ad litem. ECF No. 54.
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I. PROCEDURAL HISTORY
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Plaintiff, an adult represented by counsel, Stewart Katz, Esq., filed her federal civil rights
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complaint on December 9, 2013. Plaintiff had previously been found to be mentally
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“incompetent” within the meaning of Cal. Penal Code § 1367, on May 13, 2013, by the California
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Superior Court. See Superior Court Order of Commitment (ECF No. 1, Exh. 1) at 19-22.
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Accordingly, plaintiff appended to her complaint a petition to have her mother, Heatherlyn
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Bevard, appointed to be her Guardian ad Litem. ECF No. 1, Exh. 1. The petition was granted on
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January 15, 2014. ECF No. 10.

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A Settlement Conference was held on May 8, 2015 before Hon. Carolyn K. Delaney, at

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which time the case was reported to have settled, and dispositional documents were ordered to be

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submitted for the court’s approval. See ECF No. 50. However, plaintiff has now expressed a

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desire to proceed without a Guardian ad Litem, and the court accordingly declined to approve the

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settlement. See ECF No. 54.

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II. STATUS CONFERENCE

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In order to consider the matter, the court will conduct a Status Conference on August 26,
2015, to consider how to proceed. Accordingly, IT IS HEREBY ORDERED THAT:

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1. A Status Conference is now SCHEDULED for Wednesday, August 26, 2015, at 10:00
a.m. before the undersigned, in Courtroom 26 (8th Floor).

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a. Plaintiff’s counsel, plaintiff herself, and the Guardian ad Litem must each
personally appear at the Status Conference.

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b. Counsel for defendants shall also attend, but with the understanding that some

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portion of this conference may be conducted ex parte in order to protect the attorney-client

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confidences of plaintiff and/or the Guardian ad Litem.

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2. Plaintiff’s counsel shall file a status report with the court, addressing the following

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matters: (a) the standards that govern appointment of a guardian ad litem under Cal. Civ. Proc.

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Code § 372(a) or other applicable law; (b) the appropriate procedure for determining whether

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appointment of the Guardian ad Litem should be revoked; and (c) the status of plaintiff’s criminal

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cases referenced at ECF No. 1, pp. 19-22, including any subsequent findings regarding

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competency. Additional information regarding plaintiff’s present competency, if any, may be

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submitted confidentially via email to [e-mail]. If such a confidential

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statement is submitted, counsel shall file a Notice of Submission of Confidential Information re

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Competency. The status report and any confidential information shall be filed no later than

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August 24, 2015 at 4:30 p.m.

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3. No other status reports need be filed by any person or party in advance of this Status

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Conference.

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DATED: August 11, 2015

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