Estate of Glenn Swindell et al v. County of Sonoma

Filing 12

ORDER requiring a supplemental declaration in support of 9 MOTION to Appoint Guardian ad Litem on behalf of minor Plaintiff J.S. filed by Estate of Glenn Swindell. Response due by 7/2/2015. Signed by Judge Kandis A. Westmore on 6/25/2015. (kawlc1, COURT STAFF) (Filed on 6/25/2015)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 ESTATE OF GLENN SWINDELL, et al., 7 Case No. 15-cv-00897-KAW Plaintiffs, 8 v. 9 COUNTY OF SONOMA, 10 Defendant. United States District Court Northern District of California 11 ORDER REQUIRING A SUPPLEMENTAL DECLARATION IN SUPPORT OF THE PETITION FOR APPOINTMENT OF GUARDIAN AD LITEM FOR PLAINTIFF J.S. Re: Dkt. No. 9 12 On June 16, 2015, Plaintiffs filed a petition to appoint Deann Walund as guardian ad litem 13 14 15 16 for her son, J.S., who is purportedly a minor. (Dkt. No. 9 at 3.) Ms. Walund’s supporting declaration, dated May 21, 2015, however, only states that J.S.’s birth year is 1997, which means that he could be 18 years of age.1 (Decl. of Deann Walund, Dkt. No. 9 at 5 ¶ 4.) Therefore, within 7 days of this order, Plaintiffs shall submit a supplemental declaration with J.S.’s birthdate, so that 17 the Court may conclusively determine whether J.S. legally requires the appointment of a guardian 18 ad litem. 19 IT IS SO ORDERED. 20 Dated: June 25, 2015 21 __________________________________ KANDIS A. WESTMORE United States Magistrate Judge 22 23 24 25 26 27 28 1 The Court notes that Plaintiffs concurrently filed petitions to appoint guardians ad litem for the decedent’s other minor children, G.S. and M.S., in which they only included their birth years. While the submission of a birth year alone is generally insufficient—a birthdate is usually required—the Court will not require supplemental declarations in support of their petitions because they are clearly minors and will likely remain so for the duration of this action.

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