Session v. PLM Lender Services, Inc. et al

Filing 64

ORDER APPOINTING GUARDIAN AD LITEM re 60 Order on Motion to Dismiss, 62 Proposed Order filed by LaTanya Marie Session. Signed by Judge Alsup on January 5, 2012. (whalc2, COURT STAFF) (Filed on 1/5/2012) (Additional attachment(s) added on 1/5/2012: # 1 Certificate of Service) (dt, COURT STAFF).

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Marta Palacios, Bar No. 206018
[e-mail]
Farschad Farzan, Bar No. 215194
[e-mail]
Euphemia N. Thomopulos, Bar No. 262107
[e-mail]
PERKINS COIE LLP
Four Embarcadero Center, Suite 2400
San Francisco, CA 94111-4131
Telephone: [phone]
Facsimile: 415.344.7050
Attorneys for Plaintiff
LaTanya Marie Session

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LaTanya Marie Session,
Plaintiff,

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v.

Case No. 10-CV-04942 WHA
[PROPOSED] ORDER APPOINTING
GUARDIAN AD LITEM PURSUANT
TO FRCP 17 AND CCP 372(a)

PLM Lender Services, Inc., Monterey Bay
Resources, Inc., Betsy Bliss, Graham Stokes,
Michael B. Reinhold, William S. Cassilly, Julie
Oak, Kenneth M. Kimmey, Blake Cesarin,
Lorelei Helm, Cheryl M. Haley, Howard Eddy,
Ty Ebright, Ann Ebright, Contanz Frie, Howard
J. Lim, Reiko K. Lim, Matthew Lopez, and
Does 1-50,

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Defendant(s).

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[PROPOSED] ORDER APPOINTING GUARDIAN AD LITEM
CASE NO. CV 10-4942 WHA
70713-0003/LEGAL22430379.1

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Defendants Ty Ebright, Ann Ebright and Monterey Bay Resources, Inc.’s Motion to

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Dismiss Plaintiff’s Complaint came on for hearing at 8:00 a.m. on December 22, 2011. Pursuant

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to Federal Rule of Civil Procedure 17 and California Code of Civil Procedure section 372(a), this

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Court, having reviewed the pleadings, papers and arguments of counsel regarding Plaintiff

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LaTanya Marie Session’s (“Ms. Session”) capacity to bring suit, FINDS as follows:

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1.

That, as stated in Ms. Session’s December 20, 2011 Response to the Court’s

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December 20, 2011 Order Regarding Hearing on Defendants’ Motion to Dismiss, Ms. Session

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and her daughter Johnetta George, who currently holds a general power of attorney, do not

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oppose the Court’s appointment of a guardian ad litem to litigate on Ms. Session’s behalf;

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2.

At the December 22, 2011 hearing, counsel for Ms. Session requested the Court

conduct an inquiry as to Ms. Session’s capacity;
3.

The Court conducted an oral inquiry of Ms. Session and questioned the proposed

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guardian ad litem, Bess Kennedy (“Ms. Kennedy”), an attorney from the law firm of Bingham

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McCutchen LLP;

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4.

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Ms. Kennedy agreed to act as Ms. Session’s guardian ad litem on a pro bono basis

with respect to this litigation, including potential settlement; and
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After conducting its inquiry, but without making a formal finding as to Ms.

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Session’s capacity, this Court appointed Ms. Kennedy as Ms. Session’s guardian ad litem for this

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litigation.

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THEREFORE, IT IS HEREBY ORDERED that Ms. Kennedy shall act as Ms. Session’s
guardian ad litem on a pro bono basis for the duration of this matter.

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DATED: January ___, 2012
January 5, 2012.

By:
Hon. William Alsup.
William Alsup District Court Judge
United States
UNITED STATES DISTRICT JUDGE

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-2[PROPOSED] ORDER APPOINTING GUARDIAN AD LITEM
CASE NO. CV 10-4942 WHA
70713-0003/LEGAL22430379.1