Forte et al v. Hyatt Summerfield Suites Pleasanton et al

Filing 35

ORDER DISMISSING WITHOUT PREJUDICE MINOR PLAINTIFFS' CLAIMS. Signed by Judge Claudia Wilken on 11/22/2011. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 11/22/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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EUGENE F. FORTE; EILEEN FORTE;
GABRIELLE FORTE; JORDAN FORTE;
NOEL FORTE and JUSTON FORTE,

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Plaintiffs,

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United States District Court
For the Northern District of California

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No. C 11-02568 CW
ORDER DISMISSING
WITHOUT PREJUDICE
MINOR PLAINTIFFS'
CLAIMS

v.
HYATT SUMMERFIELD SUITES
PLEASANTON; ANA VILLA,
individually and as an employee
of HYATT SUMMERFIELD SUITES
PLEASANTON; PLEASANTON POLICE
DEPARTMENT; OFFICER JERRY
NICELEY, individually and in his
official capacity; OFFICER
MARDENE LASHLEY, individually and
in her official capacity; OFFICER
MARTENS, individually and in his
official capacity; and DOES 1
through 25, inclusive,
Defendants.
________________________________/
On September 20, 2011, this Court granted Plaintiffs'
counsel's motion to withdraw.

In doing so, the Court informed

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Plaintiffs that if they wished to pursue this litigation, they
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would have to retain new counsel or represent themselves in

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propria persona.

The Court also noted that Plaintiffs who are

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minor children cannot represent themselves or appear without

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guardian ad litem.1

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Plaintiffs to find new counsel and seek appointment of a guardian

The Court granted sixty days for minor

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Eugene Forte's July 11, 2011 opposition brief indicates
that Noel Forte and Juston Forte are his minor children, but does
not disclose their birthdates.

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ad litem for the purpose of pursuing this action, or face

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dismissal of their claims.

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The sixty day deadline has expired and there is no indication

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that minor Plaintiffs have complied with the Court's order.

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Therefore, minor Plaintiffs' claims are dismissed without

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prejudice.

The remaining parties shall appear for a case

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management conference on December 13, 2011 at 2 pm.
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IT IS SO ORDERED.

United States District Court
For the Northern District of California

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Dated: 11/22/2011

CLAUDIA WILKEN
United States District Judge

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