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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ESTATE OF GLENN SWINDELL, et al.,

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Case No. 15-cv-00897-KAW

Plaintiffs,
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v.
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COUNTY OF SONOMA,

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Defendant.

United States District Court
Northern District of California

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ORDER REQUIRING A
SUPPLEMENTAL DECLARATION IN
SUPPORT OF THE PETITION FOR
APPOINTMENT OF GUARDIAN AD
LITEM FOR PLAINTIFF J.S.
Re: Dkt. No. 9

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On June 16, 2015, Plaintiffs filed a petition to appoint Deann Walund as guardian ad litem
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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

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the Court may conclusively determine whether J.S. legally requires the appointment of a guardian
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ad litem.
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IT IS SO ORDERED.
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Dated: June 25, 2015
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__________________________________
KANDIS A. WESTMORE
United States Magistrate Judge

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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.