Wehlage v. EmpRes Healthcare Inc et al

Filing 60

ORDER by Judge Claudia Wilken GRANTING ADMINISTRATIVE 52 , 53 MOTIONS FOR APPOINTMENT OF ISABEL S. SIMENTAL COLLIER AND MARILYN J. STARTS AS GUARDIANS AD LITEM. (ndr, COURT STAFF) (Filed on 6/23/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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United States District Court
For the Northern District of California

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PHYLLIS WEHLAGE, on behalf of herself
and on behalf of others similarly
situated,

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Plaintiff,
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v.
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EMPRES HEALTHCARE, INC; EHC
MANAGEMENT, LLC; EHC FINANCIAL
SERVICES, LLC; EVERGREEN CALIFORNIA
HEALTHCARE, LLC; EVERGREEN AT ARVIN,
LLC; EVERGREEN AT BAKERSFIELD, LLC;
EVERGREEN AT LAKEPORT, LLC; EVERGREEN
AT HEARTWOOD, LLC; EVERGREEN AT
SPRINGS ROAD, LLC; EVERGREEN AT
TRACY, LLC; EVERGREEN AT OROVILLE,
LLC; EVERGREEN AT PETALUMA, LLC; and
EVERGREEN AT GRIDLEY (SNF), LLC;

No. C 10-05839 CW
ORDER GRANTING
ADMINISTRATIVE
MOTIONS FOR
APPOINTMENT OF
ISABEL S.
SIMENTAL COLLIER
AND MARILYN J.
STARTS AS
GUARDIANS AD
LITEM
(Docket No. 52 &
53)

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Defendant.
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/

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Pursuant to Federal Rule of Civil Procedure Rule 17(c),

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Plaintiffs move for the appointment of Marilyn J. Starts as

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guardian ad litem for Plaintiff Howard Richard Starts, Docket No.

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52, and the appointment of Isabel S. Simental-Collier, as guardian

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ad litem of Plaintiff Maria Hernandez, Docket No. 53.

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do not oppose the motion.

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Court GRANTS the motions.

Defendants

Having considered the submissions, the

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Under Rule 17(c)(2), “[a] minor or an incompetent person who

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does not have a duly appointed representative may sue by next

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friend or by a guardian ad litem.”

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17(c)(2) further states, “The court must appoint a guardian ad

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litem–or issue another appropriate order–-to protect a minor or

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incompetent person who is unrepresented in an action.”

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Civ. P. 17(c)(2).

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litem is not guided by state law, but rather the protection of the

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individual’s interests.”

Fed. R. Civ. P. 17(c)(2).

Rule

Fed. R.

An application for appointment of a guardian ad

Estate of Ricardo Escobedo v. City of

United States District Court
For the Northern District of California

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Redwood City, 2006 U.S. Dist. LEXIS 12457, *21-22 (N.D. Cal.); 6A

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Charles Alan Wright & Arthur R. Miller & Mary Kay Kane, Federal

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Practice and Procedure § 1571 at 511-12 (1991).

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Here Plaintiffs Maria Hernandez and Howard Richard Starts are

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intended class representatives in this action.

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represent that no previous petitions for appointment of a guardian

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ad litem for Maria Hernandez or Howard Richard Starts have been

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filed in this matter.

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of interest exists between Marilyn Starts and her husband, Howard

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Richard Starts.

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Simental-Collier and her grandmother Maria Hernandez.

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supporting declarations make clear that both Plaintiffs Hernandez

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and Starts lack capacity due to impairments in their alertness and

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attention, their ability to process information and other factors

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necessary for both to fully appreciate the rights, duties and

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responsibilities created by their participation in this lawsuit.

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Marilyn Starts and Isabel Simental-Collier are willing to serve as

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guardians ad litem, and to visit their respective relative

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Plaintiffs’ counsel

In addition, counsel state that no conflict

Nor does a conflict exist between Isabel S.

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The

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regularly and are able to identify and address their needs.

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Accordingly, the Court finds that it is in the best interest of

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Plaintiffs to grant the motions, and, therefore, appoints Isabel

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Simental-Collier as guardian ad litem of Maria Hernandez, and

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Marilyn Starts as guardian ad litem for Howard Richard Starts.

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IT IS SO ORDERED.

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Dated: 6/23/2011
CLAUDIA WILKEN
United States District Judge

United States District Court
For the Northern District of California

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