Cupertino Union School District

Filing 22

ORDER TO SHOW CAUSE. On or before 3/31/2014, either S.A. or J.S. or another individual qualified to represent K.A.'s interests, shall file an administrative motion for appointment of guardian ad litem. On or before 4/28/2014, an attorney reta ined by the guardian ad litem to represent K.A.'s interests shall file a Notice of Appearance. No hearing will be held on the Order to Show Cause unless otherwise ordered by the court. Signed by Judge Edward J. Davila on 3/12/2014. (ejdlc1S, COURT STAFF) (Filed on 3/12/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION
CASE NO. 5:13-cv-04659 EJD

CUPERTINO UNION SCHOOL
DISTRICT,

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For the Northern District of California

United States District Court

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ORDER TO SHOW CAUSE

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Plaintiff(s),
v.

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K.A., a minor, by and through his parents,
S.A. and J.S.,

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Defendant(s).
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In this action brought under the Individuals with Disabilities Act, 20 U.S.C. § 1400 et. seq.,

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Plaintiff Cupertino Union School District (“Plaintiff”) seeks an order vacating the decision of an

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administrative law judge issued in favor of Defendants K.A., a minor, and his parents, S.A. and J.S.

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(“Defendants”). See Docket Item No. 1. Defendants, on their own behalf, filed an Answer and

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Counterclaims, affirmatively requesting the court affirm in part and vacate in the part the decision of

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the administrative law judge. See Docket Item No. 7.

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Having reviewed this action, the court has determined an individual must be appointed by the

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court to represent K.A.’s interests in this action (most likely one of his parents). See Fed. R. Civ. P.

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17(c)(1); Johns v. Cnty. of San Diego, 114 F.3d 874, 876 (9th Cir. 1997); Neilson v.

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Colgate-Palmolive Co., 199 F.3d 642 (2d Cir. 1999) (“[O]nly one party may act in a representative

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capacity with respect to an infant or incompetent who comes before the court.) In addition, K.A.’s

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representative, if and when appointed, must retain an attorney for K.A.’s benefit. Johns, 114 F.3d at
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CASE NO. 5:13-cv-04659 EJD
ORDER TO SHOW CAUSE

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877 (“[W]e hold that a parent or guardian cannot bring an action on behalf of a minor child without

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retaining a lawyer.”).

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Accordingly, the court issues the instant Order to Show Cause with the following
instructions to Defendants:
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On or before March 31, 2014, either S.A. or J.S., if they so choose, or another

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individual qualified to represent K.A.’s interests, shall file an administrative motion

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pursuant to Civil Local Rule 7-11 for appointment of guardian ad litem. The motion

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should identify the individual seeking to become K.A.’s representative for the

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purposes of this case and explain why that individual is a suitable representative.

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For the Northern District of California

United States District Court

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2.

On or before April 28, 2014, an attorney retained by the guardian ad litem to
represent K.A.’s interests shall file a Notice of Appearance.

Defendants are notified that failure to comply with this order by filing or causing to be filed

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the documents identified above, or failure to otherwise show good cause in writing for such a failure

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by either deadline, may result in an order striking the Answer filed November 5, 2013. No hearing

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will be held on the Order to Show Cause unless otherwise ordered by the court.

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The court further advises Defendants that they may benefit from contacting The Federal

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Legal Assistance Self-Help Center at the San Jose Courthouse (FLASH). Appointments can be

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made Mondays through Wednesdays by calling [phone].

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IT IS SO ORDERED.

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Dated: March 12, 2014
EDWARD J. DAVILA
United States District Judge

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CASE NO. 5:13-cv-04659 EJD
ORDER TO SHOW CAUSE