Brown et al v. Alexander et al

Filing 114

ORDER by Judge Richard Seeborg denying defendants' 112 Motion to Strike (cl, COURT STAFF) (Filed on 12/10/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JENNIFER BROWN,

Case No. 13-cv-01451-RS

United States District Court
Northern District of California

Plaintiff,
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v.

ORDER DENYING DEFENDANTS'
MOTION TO STRIKE

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JON ALEXANDER, et al.,
Defendants.

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Defendants successfully moved to remove plaintiff Barry Brown as the guardian ad litem

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for the minor plaintiffs, Jane Does 1 and 2. The parties were each ordered to submit list of three

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possible guardians ad litem by December 4, 2015. Defendants filed a response to the court’s order

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by the December 4 deadline, but Brown did not submit their suggestions until December 9,

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2015—after the court-imposed deadline. Defendants move to strike Brown’s response and

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suggestions because the filing is untimely and Barry Brown no longer represents the minor

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plaintiffs. While court-imposed deadlines are not to be taken lightly and will be enforced,

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defendants have not demonstrated that the Brown’s tardiness prejudiced them in any way.

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Furthermore, although Brown is no longer the minor plaintiffs’ guardian ad litem, he was among

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the parties ordered to submit names of potential guardians ad litem. Accordingly, defendants’

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motion to strike Brown’s response is denied.

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The court hoped that the parties would work together to identify a neutral person who will

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represent the minor plaintiffs’ interests. It seems the parties have not embraced or followed the

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spirit and purpose of the prior order. Rather than focus on procedural irregularities, the parties

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should work together to assist with the important task of ensuring that the interests of Jane Does 1

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and 2 are represented in this matter. If the defendants have any legitimate objections to Brown’s

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proposed guardians ad litem, they should file them by Monday, December 14, 2015.

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IT IS SO ORDERED.

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United States District Court
Northern District of California

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Dated: December 10, 2015
______________________________________
RICHARD SEEBORG
United States District Judge

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<< SHORT ORDER TITLE >>
CASE NO. 13-cv-01451-RS

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