Olivares et al v. County of Stanislaus et al

Filing 29

ORDER signed by Chief District Judge Kimberly J. Mueller on 01/17/23 GRANTING 28 Motion to Appoint ad Litem. APPOINTING Todd Kraft as guardian ad litem for W.O., M.D., and S.O.. (Licea Chavez, V)

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Case 2:22-cv-00753-KJM-KJN Document 29 Filed 01/17/23 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 McKenzie Olivares, et al., 12 13 14 No. 2:22-cv-00753-KJM-KJN Plaintiffs, ORDER v. County of Stanislaus, et al., 15 Defendants. 16 17 Plaintiffs McKenzie & Dylan Olivares and their three minor children request an order 18 appointing Todd Kraft as guardian ad litem for the three children. See generally Appl., ECF 19 No. 28. In the interests of adjudicating this action justly and efficiently and in protecting the 20 minor plaintiffs’ interests, and in the absence of any opposition or prejudice to any party, the 21 court excuses plaintiffs from the requirements of Rules 202 and 230 on its own motion. See E.D. 22 Cal. L.R. 202(a) (governing motions for the appointment of guardians ad litem); E.D. Cal. L.R. 23 230(b) (setting deadlines and procedures for all motions); cf. Min. Order, ECF No. 23 (directing 24 plaintiffs to comply with Local Rules 202 and 230). Plaintiffs’ counsel is cautioned that motions 25 and applications may be summarily denied in the future if they do not comply with this district’s 26 local rules. 27 28 Todd Kraft is the uncle of plaintiff McKenzie Olivares. Kraft Decl. ¶ 2, ECF No. 28-2. He is not a party. Id. He has been informed of the duties of a guardian ad litem and believes he is 1 Case 2:22-cv-00753-KJM-KJN Document 29 Filed 01/17/23 Page 2 of 2 1 qualified and competent to protect the children’s rights and interests. Id. ¶¶ 5–6. The court is 2 satisfied that appointing Kraft as guardian ad litem will adequately protect the minor plaintiffs’ 3 rights and interests in this action under Federal Rule of Civil Procedure 17(c). The application at 4 ECF No. 28 is therefore granted: Kraft is appointed as the guardian ad litem for minor plaintiffs 5 W.O., M.D., and S.O. for this action. 6 7 IT IS SO ORDERED. DATED: January 17, 2023. 8 2

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