SONG FI, INC. v. GOOGLE, INC. et al

Filing 90

ORDER by Judge Claudia Wilken denying 88 Motion to Appoint Guardian Ad Litem ; denying 89 Motion to Appoint Guardian Ad Litem. (jebS, COURT STAFF) (Filed on 3/23/2016)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SONG FI, INC., JOSEPH N.
BROTHERTON, LISA M. PELLEGRINO,
N.G.B., RASTA ROCK, INC.,

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Plaintiffs,

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United States District Court
For the Northern District of California

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ORDER DENYING
MOTION TO APPOINT
GUARDIAN AD LITEM

v.

(Docket Nos. 88
and 89)

GOOGLE, INC., YOUTUBE LLC,

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No. C 14-5080 CW

Defendants.
________________________________/

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Plaintiff Joseph N. Brotherton, through his counsel, moves

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the Court to appoint his wife, Lisa M. Pellegrino, to be a

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guardian ad litem for their minor son, Plaintiff N.G.B.

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Brotherton contends that, because he is a plaintiff in this

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case, he is "thus authorized to represent the interests of his

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minor son N.G.B. as a plaintiff."

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explains that Pellegrino would "contribute very significantly to

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the representation of the interests of N.G.B."

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declares that she is not a plaintiff in this matter, but wishes to

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"join with [her] husband in protecting the interests of N.G.B."

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Id. at 4.

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act for N.G.B. along with" Brotherton, that N.G.B. would be

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supported and guided by Brotherton and herself, and that "both of

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his parents" would protect N.G.B.'s rights.

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Docket No. 89, Motion at 2.

Id.

He

Pellegrino

She states that she believes she is "fully qualified to

Id.

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The Court has a special duty "to safeguard the interests of

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litigants who are minors."

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1181 (9th Cir. 2011) (citing Fed. R. Civ. P. 17(c)).

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Federal Rule of Civil Procedure 17(c)(1), a "general guardian" may

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sue on behalf of a minor.

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that representative's interests conflict with the minor's, the

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Court may appoint a special representative.

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F. Supp. 1333, 1335 (E.D. Cal. 1989) (citing United States v.

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30.64 Acres of Land, 795 F. 2d 796 (9th Cir. 1986)).

Robidoux v. Rosengren, 638 F.3d 1177,
Under

If the minor has a representative, and

M.K. v. Harter, 716

Here,

United States District Court
For the Northern District of California

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although Brotherton is N.G.B.'s general guardian, as his father,

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their interests may conflict as co-plaintiffs.

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a guardian ad litem for his suit to move forward.

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Thus, N.G.B. needs

Here, however, Brotherton's motion and Pellegrino's

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declaration suggest that Pellegrino's interests may also conflict

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with N.G.B.'s.

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will protect N.G.B.'s interests together.

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Pellegrino would represent N.G.B.'s interests independent from

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Brotherton's interests.

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at *1 (N.D. Cal.) (rejecting plaintiff's mother as guardian ad

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litem where she was married to plaintiff's father, whose interests

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conflicted with plaintiff's).

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Both Brotherton and Pellegrino suggest that they
It is not clear that

See Bhatia v. Corrigan, 2007 WL 1455908,

For all these reasons, the Court DENIES the motion to appoint

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Pellegrino as N.G.B.'s guardian ad litem.

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own motion to be appointed guardian ad litem.

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explain why she does not have interests adverse to N.G.B.'s and

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that she could represent N.G.B. if his interests are in conflict

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with Brotherton's.

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interests, the Court will consider a motion requesting appointment
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Pellegrino may file her
The motion must

If Pellegrino cannot represent N.G.B.'s

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of a relative or a family friend.

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N.G.B.'s suit cannot move forward at this time.

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If no guardian is appointed,

IT IS SO ORDERED.

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Dated: March 23, 2016
CLAUDIA WILKEN
United States District Judge

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United States District Court
For the Northern District of California

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