Estate of Ricardo Escobedo et al v. City of Redwood City et al

Filing 133

ORDER RE SUPPLEMENTAL BRIEFING. Signed by Judge Martin J. Jenkins on 2/13/2006. (mjjlc2, COURT STAFF) (Filed on 2/13/2006)

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Estate of Ricardo Escobedo et al v. City of Redwood City et al Doc. 133 Case 3:03-cv-03204-CRB Document 133 Filed 02/13/2006 Page 1 of 1 1 2 3 4 5 6 7 8 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA United United States District Court 11 For the Northern District of California ESTATE OF RICARDO ESCOBEDO ET AL, Plaintiff, v. CITY OF REDWOOD CITY ET AL, Defendant. / No. C03-03204 MJJ ORDER RE SUPPLEMENTAL BRIEFING 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 In preparation for oral argument on the parties' respective objections to the Report and Recommendation, the Court directs the parties to file briefs, not exceeding five pages, discussing Gibbs v. Carnival Cruise Lines, 314 F.3d 125, 134-35 (3rd Cir. 2002), and M.S. v. Wermers, 557 F.2d 170, 174 n.4 (8th Cir. 1977), in light of the parties' positions regarding the appointment of Ms. Gagey as guardian ad litem. Specifically, these decisions hold that appointment of a guardian ad litem is procedural rather than substantive in nature, and therefore the Federal Rules of Civil Procedure, rather than state rules, apply. The parties shall file their briefs by 8:30 a.m. on February 14, 2006. Any arguments not pertaining to the discussion of these decisions will be stricken. IT IS SO ORDERED. Dated: February 13, 2006 MARTIN J. JENKINS UNITED STATES DISTRICT JUDGE

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