L.F., et al v. City of Stockton, et al

Filing 48

ORDER signed by District Judge Kimberly J. Mueller on 10/16/2018 GRANTING 47 Motion to Appoint guardian ad litem, Dr. Arthur Hall for Plaintiff's, M.C.F and K.S.F in the instant matter; Elizabeth Casas Bautista terminated. (Reader, L)

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JOHN L. BURRIS, Esq., SBN 69888
LATEEF H. GRAY, Esq., SBN 250055
LAW OFFICES OF JOHN L. BURRIS
Airport Corporate Center
7677 Oakport St., Suite 1120
Oakland, CA 94621
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]
Email: [e-mail]

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Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA

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L.F., A MINOR, BY AND THROUGH
DANISHA BROWN, AND K.F., A MINOR, )
BY AND THROUGH DANISHA BROWN, )
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Plaintiffs,
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vs.
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CITY OF STOCKTON, STOCKTON
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POLICE DEPARTMENT ; ERIC T. JONES ; )
DAVID WELLS, et al.,
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Defendants.
____________________________________ )
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M.C.F. by and through his Guardian Ad
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Litem ELIZABETH CASAS BAUTISTA,
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individually and as successor-in-interest to
Decedent COLBY FRIDAY: K.S.F., by and )
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through her Guardian Ad Litem ELIZABETH )
CASAS BAUTISTA, individually and as
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successor-in-interest to Decedent COLBY
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FRIDAY; THE ESTATE OF COLBY
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FRIDAY, by and through its personal
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representative DENISE FRIDAY HALL,
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Plaintiffs,
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v.
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CITY OF STOCKTON, STOCKTON
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POLICE DEPARTMENT ; ERIC T. JONES; )
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DAVID WELLS, et al., )
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Defendants.
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Petition to Appoint Guardian Ad Litem

Case No.: 2:17-cv-1648 KJM DB
Case No.: 2:17-cv-02038-KJM DB

PLAINTIFFS’ PETITION TO
APPOINT GUARDIAN AD LITEM
AND PROPOSED ORDER

HON. JUDGE Kimberly J. Mueller

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Petitioner DR. ARTHUR HALL respectfully represents:
1. I am the biological uncle of the decedent, Mr. Colby Friday, and the two minor children,
M.C.F. and K.S.F.
2. I became involved in this matter at the request of minor Plaintiffs’ M.C.F. and K.S.F
attorneys, John L. Burris and Lateef H. Gray. I have become familiar with the facts of this
case.
3. Plaintiffs’ allege causes of action against the named defendants herein for violations of civil
and constitutional rights.
4. Plaintiffs’ causes of action arose out of the death of their biological father, Mr. Colby Friday,

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who was shot and killed by police officer David Wells, then employed by the City of Stockton
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and Stockton Police Department.
5. A previous petition for appointment of guardian ad litem has been filed in this matter.
6. The court previously appointed ELIZABETH CASAS BAUTISTA as guardian ad litem.
7. I am aware that ELIZABETH CASAS BAUTISTA is unwilling to continue to serve as the
Plaintiffs’ guardian ad litem.
8. I am prepared and willing to serve as guardian ad litem on this matter to facilitate the process
for both the court and Plaintiffs’ attorneys.
9. This petition was prepared by the Law Offices of John L. Burris, the lead counsel representing

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Plaintiffs in this action. Lateef H. Gray, Esq. of Law Offices of John L. Burris, also represents

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Plaintiffs and is in agreement with the terms of this Petition. John L. Burris, Esq. and Lateef

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H. Gray, Esq., hereby represent to the Court that they became involved in this case at the

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request of Plaintiffs, and have not received, and do not expect to receive, any compensation for

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their services in connection with this action from any person other than the parties whom they

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represent in this action.
I declare under penalty of perjury that the foregoing is true and correct.
Dated: September 19, 2018
/s/ Arthur Hall
Dr. Arthur Hall

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Petition to Appoint Guardian Ad Litem

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ATTORNEY ATTESTATION
I hereby attest that I have on file all holograph signatures for any signatures indicated by a
conformed signature (“/s/”) within this E-filed document.
Dated: October 10, 2018

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/s/ Lateef H. Gray
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ORDER

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Plaintiffs’ petition to relieve Elizabeth Bautista and appoint Dr. Arthur Hall as the guardian ad
litem of M.C.F. and K.S.F. in the instant matter is hereby GRANTED.
IT IS SO ORDERED.
DATED: October 16, 2018.

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UNITED STATES DISTRICT JUDGE

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Petition to Appoint Guardian Ad Litem