Brackin v. California Department of State Hospitals et al
Filing
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PETITION AND ORDER TO APPOINT GUARDIAN AD LITEM FOR PURPOSES OF SETTLEMENT by Hon. William Alsup granting 52 Motion to Appoint guardian ad Litem..(whalc1, COURT STAFF) (Filed on 9/19/2016)
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Karl J. Frisinger, SBN 278773
Coombs & Dunlap, LLP
1211 Division Street
Napa, California 94559
Telephone: (707) 252-9100
Facsimile: (707) 252-8516
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Attorneys for Plaintiff
Shawn Brackin
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SHAWNBRACKIN,
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Plaintiff,
vs.
CALIFORNIA DEPARTMENT OF STATE
HOSPITALS; NAP A STATE HOSPITAL,
ET AL,
No. 15-CV-03351-WHA
PETITION AND [PROPOSED] ORDER TO
APPOINT GUARDIAN AD LITEM FOR
PURPOSES OF SETTLEMENT
Trial Date: December 5, 2016
Action Filed: June 24, 2015
Defendants.
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1. Petitioner SHAWN BRACKIN is an inpatient at Napa State Hospital.
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2. Petitioner has no general gnardian and no previous petition for appointment of a
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Petitioner states as follows:
gnardian ad litem has been filed in this matter.
3. Petitioner and Defendants have reached a settlement in this matter. Petitioner agrees
to the terms of the settlement agreement.
4. However, in an abundance of caution the parties stipulate that having a gnardian ad
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litem appointed to approve of and sign the settlement agreement is in the best interest
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of justice in bringing this mater to a full and final resolution.
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5. Petitioner proposes Mr. Frank Brackin, SHAWN BRACKIN's father, be appointed as
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the gnardian ad litem. Mr. Frank Brackin's address is 1400 Dorchester Avenue
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Roseville, CA 95678. Mr. Frank Brackin is a competent and responsible person, and
PERSONAL INWRY
CASE NO. 15-CV-03351-WHA
PAGE I OF 3
PETITION AND ORDER FOR GUARDIAN AD LITEM
fully competent to act as the guardian ad litem.
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6. Mr. Frank Brackin is willing to act as guardian ad litem for petitioner, as appears by
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his consent below.
7. Ms. Barbara Brackin is the mother of Shawn Brackin and the wife of Mr. Frank
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Brackin. She agrees and consents to the appointment of Mr. Frank Brackin as the
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guardian ad litem, as appears by her consent below.
WHEREFORE, petitioner moves this court for an order appointing Frank Brackin as
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guardian ad litem of petitioner for the purpose of approving and signing the Settlement Agreement in
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this matter.
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Dated: September 8, 2016
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KARL J. FRISINGER, ESQ.
COOMBS & DUNLAP, LLP
Is/ Karl J. Frisinger
KARL J. FRISINGER, ESQ.
Attorneys for PlaintiffShawn Brackin
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Dated: September 8, 2016
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KAMALA D. HARRIS
Attorney General of California
JEFFREY R. VINCENT
Supervising Deputy Attorney General
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/s/Wil Fong
WILFONG
Deputy Attorney General
Attorneys for Defendants
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PERSONAL INJURY
CASE NO. 15-CV-03351-WHA
PAGE20F3
PETITION AND ORDER FOR GUARDIAN AD LITEM
CONSENT OF SHAWN BRACKIN
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I, Shawn Brackin, consent to Frank Brackin acting as guardian ad litem for me in the above
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action.
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DATED: September
_1_, 2016
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CONSENT OF FRANK BRACKIN
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I, Frank Brackin, the nominee and Father of Shawn Brackin, consent to act as guardian ad
litem for Shawn Brackin in the above action.
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DATED: September £
2016
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Frank Brackin
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CONSENT OF BARBARA BRACKIN
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I, Barbara Brackin, the wife of Frank Brackin and Mother of Shawn Brackin consent to Mr.
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Frank Brackin as guardian ad litem for Shawn Brackin in the above action.
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DATED: September
g-' 2016
Barbara Brackin
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ORDER
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The petition for an order appointing Frank Brackin as guardian ad litem for petitioner is
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GRANTED.
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DATED: September__) 2016
UNITED STATES DISTRICT JUDGE
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PERSONAL INJURY
CASE NO. 15-CV-03351-WHA
PAGE30F3
PETITION AND ORDER FOR GUARDIAN AD LITEM
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