Jones et al v. City of Oakland et al

Filing 40

ORDER CONTINUING COMPLIANCE HEARING RE: FILING OF PETITION FOR MINOR'S COMPROMISE. Pending Petitions DENIED WITHOUT PREJUDICE to resubmitting re #39 Amended Ex Parte Application and [PROPOSED] ORDER TO APPOINT G.A.L. & COMPROMISE MINOR'S CLAIM filed by D.S.J. Compliance Hearing set 9/27/13 is CONTINUED to 10/11/2013 at 9:01am. Signed by Judge Yvonne Gonzalez Rogers on 9/25/2013. (fs, COURT STAFF) (Filed on 9/25/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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NELLIE JONES, et al.,
Plaintiffs,
vs.
CITY OF OAKLAND, et al.,

Case No.: 11-CV-3470-YGR
ORDER CONTINUING COMPLIANCE HEARING
RE: FILING OF PETITION FOR MINOR’S
COMPROMISE

Defendants.

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The Court is in receipt of Plaintiffs’ Amended Petition To Appoint GAL and Compromise
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Minor’s Claim. (Dkt. No. 39.) Both the request for appointment of a guardian ad litem and the
Northern District of California

United States District Court

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petition for compromise of a minor’s claim are missing information necessary for the Court to render
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a decision. The pending petitions are therefore DENIED WITHOUT PREJUDICE to re-submitting. The
compliance hearing currently set for Friday, September 27, 2013, is CONTINUED to October 11,
2013, on the Court’s 9:01 a.m. calendar, in the Federal Courthouse, 1301 Clay Street, Oakland,
California, Courtroom 5.
Counsel are directed to refer to California Judicial Council forms CIV-010 (Application And
Order for Appointment of Guardian Ad Litem – Civil) and MC-350 (Petition to Approve Compromise
of Disputed Claim or Pending Action or Disposition of Proceeds of Judgment for Minor or Person
With a Disability), which set forth the information necessary to support the petitions. By way of
example, the request for appointment of a guardian ad litem does not include: (1) the full date of birth
for the minor; (2) the signature under penalty of perjury of the petitioner and the person consenting to
appointment as guardian ad litem; and (3) the contact information for the minor and the proposed
guardian ad litem. Likewise, by way of example and without listing each deficiency as compared to
the standard California form, the petition for compromise of a minor’s claim does not include: (1) the
terms of the settlement and the amounts being paid to others; (2) a declaration from the attorney

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regarding amount of fees and the statutory basis therefore, including a copy of the fee agreement; and

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(3) a breakdown of expenses.

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Five (5) business days prior to the date of the continued compliance hearing, Plaintiffs shall

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file either: (a) a Second Amended Request for Appointment of Guardian ad Litem and Petition for

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Minor’s Compromise, or (b) a one-page statement setting forth an explanation for their failure to

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comply. If compliance is complete, the parties need not appear and the compliance hearing will be

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taken off calendar. Telephonic appearances may be allowed if the parties have submitted a written

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statement in a timely fashion.

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Northern District of California

United States District Court

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IT IS SO ORDERED. This Order terminates Docket No. 39.
Dated: September 25, 2013
____________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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