E.L. et al v. Fernandez et al
Filing
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ORDER signed by Magistrate Judge Allison Claire on 01/13/23 GRANTING #11 Motion to Appoint ad Litem. APPOINTING Jessica Long as guardian ad litem for her minor child E.L. (Licea Chavez, V)
Case 2:22-cv-01527-DAD-AC Document 13 Filed 01/17/23 Page 1 of 2
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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E.L., a minor, by and through her general
guardian, JESSICA LONG; JESSICA
LONG, an individual,
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Plaintiff,
No. 2:22-cv-01527 DAD AC
ORDER
v.
LIEUTENANT JERRY FERNANDEZ, in
his individual capacity; DETECTIVE
JACOBDUNCAN, in his individual;
DETECTIVEJEREMY ASHBEE, in his
individual capacity; and DOES 1 through
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Defendants.
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Before the court is plaintiffs’ uncontested Petition for the Appointment of Guardian Ad
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Litem (ECF No. 11), which was referred to the undersigned by District Judge Dale A. Drozd
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(ECF No. 12).
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Under Federal Rule of Civil Procedure 17(c)(2), “[a] minor or an incompetent person who
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does not have a duly appointed representative may sue by a next friend or by a guardian ad
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litem.” Fed. R. Civ. P. 17(c)(2). Local Rule 202 provides the following additional requirements:
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(a) Upon commencement of an action or upon initial appearance in
defense of an action by or on behalf of a minor or incompetent
person, the attorney representing the minor or incompetent person
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Case 2:22-cv-01527-DAD-AC Document 13 Filed 01/17/23 Page 2 of 2
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shall present (1) appropriate evidence of the appointment of a
representative for the minor or incompetent person under state law
or (2) a motion for the appointment of a guardian ad litem by the
Court, or, (3) a showing satisfactory to the Court that no such
appointment is necessary to ensure adequate representation of the
minor or incompetent person.
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...
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(c) Disclosure of Attorney’s Interest. When the minor or incompetent
is represented by an attorney, it shall be disclosed to the Court by
whom and the terms under which the attorney was employed;
whether the attorney became involved in the application at the
instance of the party against whom the causes of action are asserted,
directly or indirectly; whether the attorney stands in any relationship
to that party; and whether the attorney has received or expects to
receive any compensation, from whom, and the amount.
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E.D. Cal. L.R. 202.
The Ninth Circuit has held that “[a]lthough the [district] court has broad discretion and
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need not appoint a guardian ad litem if it determines the person is or can be otherwise adequately
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protected, it is under a legal obligation to consider whether the person is adequately protected.”
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United States v. 30.64 Acres of Land, More or Less, Situated in Klickitat County, State of Wash.,
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795 F.2d 796, 805 (9th Cir.1986). Fit parents are presumed to act in the best interests of their
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children. Troxel v. Granville, 530 U.S. 57, 66 (2000); Doe v. Heck, 327 F.3d 492, 521 (7th Cir.
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2003).
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Here, plaintiffs ask that plaintiff Jessica Long be appointed guardian ad litem for her
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minor child, plaintiff E.L., as they act as successors in interest to Shayne Sutherland, who is
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deceased. ECF No. 11 at 3. Plaintiffs provided a declaration that Ms. Long is E.L’s mother and
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confirming that Ms. Long has no interest adverse to E.L. ECF No. 11-2. Plaintiffs complied with
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Local Rule 202(c) and disclosed their attorney’s interest. ECF No. 11-1. Upon examination, the
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undersigned finds that the appointment of Ms. Long as guardian ad litem for her minor child E.L.
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is appropriate. It is therefore ORDERED that the petition, ECF No. 11, is GRANTED.
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IT IS SO ORDERED.
DATED: January 13, 2023
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