Bengard et al v. City of Pittsburg California et al

Filing 22

ORDER by Judge Kandis A. Westmore granting 20 Motion to Appoint Guardian Ad Litem. (kawlc2, COURT STAFF) (Filed on 10/12/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 LATRICIA BENGARD, et al., Plaintiffs, 8 9 10 11 Case No. 17-cv-02730-KAW ORDER GRANTING MOTION TO APPOINT GUARDIAN AD LITEM v. CITY OF PITTSBURG CALIFORNIA, et al., Re: Dkt. No. 20 United States District Court Northern District of California Defendants. 12 13 On September 6, 2017, Plaintiff Latricia Bengard moved to be appointed as the guardian 14 ad litem for Plaintiff Trajhan Long, pursuant to Federal Rule of Civil Procedure 17(c)(2). (Plfs.' 15 Mot., Dkt. No. 20.) In support of the motion, Plaintiff Bengard submitted a declaration stating 16 that Plaintiff Long is her son, and that he is sixteen years old as of the date of the declaration. 17 (Bengard Decl. ¶ 2, Dkt. No. 20-1.) Plaintiff Bengard also declared that she has no interests that 18 are contrary to Plaintiff Long's. (Bengard Decl. ¶ 5.) No opposition was filed to the motion. The 19 Court deems the matter suitable for disposition without hearing pursuant to Civil Local Rule 7- 20 1(b) and vacates the hearing set for November 2, 2017. 21 Federal Rule of Civil Procedure 17 allows a court to "appoint a guardian ad litem . . . to 22 protect a minor or incompetent person who is unrepresented in an action." "The decision to 23 appoint a guardian ad litem under Rule 17(c) is normally left to the sound discretion of the trial 24 court . . . ." Davis v. Walker, 745 F.3d 1303, 1310 (9th Cir. 2014). Notably, "[w]hen there is no 25 conflict of interest, the guardian ad litem appointment is usually made on ex parte application and 26 involves minimal exercise of discretion by the trial court." Kulya v. City & Cty. of S.F., Case No. 27 06-cv-6539-JSW, 2007 WL 760776, at *1 (N.D. Cal. Mar. 9, 2007) ; see also Student A v. 28 Berkeley Unified Sch. Dist., Case No. 17-cv-2510-MEJ, 2017 WL 2171254, at *1 (N.D. Cal. May 1 2 17, 2017). In the instant case, Plaintiff Long is a minor, and there is nothing in the record to suggest 3 that there would be a conflict of interest between Plaintiff Long and Plaintiff Bengard. 4 Accordingly, the Court GRANTS the motion and APPOINTS Plaintiff Bengard as guardian ad 5 litem for Plaintiff Long. 6 7 IT IS SO ORDERED. Dated: October 12, 2017 __________________________________ KANDIS A. WESTMORE United States Magistrate Judge 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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