Brackin v. California Department of State Hospitals et al

Filing 58

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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1 2 3 Karl J. Frisinger, SBN 278773 Coombs & Dunlap, LLP 1211 Division Street Napa, California 94559 Telephone: (707) 252-9100 Facsimile: (707) 252-8516 4 5 Attorneys for Plaintiff Shawn Brackin 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SHAWNBRACKIN, 11 12 13 14 15 Ul 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. 16 ..0 s 17 u 18 1. Petitioner SHAWN BRACKIN is an inpatient at Napa State Hospital. 19 2. Petitioner has no general gnardian and no previous petition for appointment of a 0 0 20 21 22 23 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 24 litem appointed to approve of and sign the settlement agreement is in the best interest 25 of justice in bringing this mater to a full and final resolution. 26 5. Petitioner proposes Mr. Frank Brackin, SHAWN BRACKIN's father, be appointed as 27 the gnardian ad litem. Mr. Frank Brackin's address is 1400 Dorchester Avenue 28 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. 1 6. Mr. Frank Brackin is willing to act as guardian ad litem for petitioner, as appears by 2 3 his consent below. 7. Ms. Barbara Brackin is the mother of Shawn Brackin and the wife of Mr. Frank 4 5 Brackin. She agrees and consents to the appointment of Mr. Frank Brackin as the 6 guardian ad litem, as appears by her consent below. WHEREFORE, petitioner moves this court for an order appointing Frank Brackin as 7 8 guardian ad litem of petitioner for the purpose of approving and signing the Settlement Agreement in 9 this matter. 10 11 p.; ..-1 ..-1 0.. "' ~ " Q Dated: September 8, 2016 12 KARL J. FRISINGER, ESQ. COOMBS & DUNLAP, LLP Is/ Karl J. Frisinger KARL J. FRISINGER, ESQ. Attorneys for PlaintiffShawn Brackin 13 14 :::i 15 o(j "' ..0 8 0 16 Dated: September 8, 2016 17 0 u KAMALA D. HARRIS Attorney General of California JEFFREY R. VINCENT Supervising Deputy Attorney General 18 /s/Wil Fong WILFONG Deputy Attorney General Attorneys for Defendants 19 20 21 \\ 22 \\ 23 \\ 24 \\ 25 \\ 26 \\ 27 \\ 28 \\ PERSONAL INJURY CASE NO. 15-CV-03351-WHA PAGE20F3 PETITION AND ORDER FOR GUARDIAN AD LITEM CONSENT OF SHAWN BRACKIN 1 I, Shawn Brackin, consent to Frank Brackin acting as guardian ad litem for me in the above 2 action. 3 DATED: September _1_, 2016 4 5 CONSENT OF FRANK BRACKIN 6 7 8 I, Frank Brackin, the nominee and Father of Shawn Brackin, consent to act as guardian ad litem for Shawn Brackin in the above action. 9 DATED: September £ 2016 10 ~ Frank Brackin 11 p.... ....:l ....:l ~ 0.... CONSENT OF BARBARA BRACKIN 12 I, Barbara Brackin, the wife of Frank Brackin and Mother of Shawn Brackin consent to Mr. 13 Frank Brackin as guardian ad litem for Shawn Brackin in the above action. co:! ......-< q ::s 0 14 15 DATED: September g-' 2016 Barbara Brackin o(j en ~ s 0 0 u ~~~ ~ 16 17 ORDER 18 The petition for an order appointing Frank Brackin as guardian ad litem for petitioner is 19 GRANTED. 20 21 19 DATED: September__) 2016 UNITED STATES DISTRICT JUDGE 22 23 24 25 26 27 28 PERSONAL INJURY CASE NO. 15-CV-03351-WHA PAGE30F3 PETITION AND ORDER FOR GUARDIAN AD LITEM

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