Loumena v. Nichols et al

Filing 20

ORDER TO SHOW CAUSE. Show Cause Response due by 8/21/2015. Signed by Judge Beth Labson Freeman on 7/27/2015. (blflc3S, COURT STAFF) (Filed on 7/28/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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MAX LOUMENA,

Case No. 15-cv-02303-BLF

Plaintiff,
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v.

ORDER TO SHOW CAUSE

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LESLIE NICHOLS, et al.,
Defendants.

United States District Court
Northern District of California

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On May 21, 2015, Plaintiff M.L. filed a Complaint in this matter seeking relief from a state

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court decision. See ECF No. 1. According to Plaintiff’s Complaint, Plaintiff is a minor. Compl.

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at ¶ 3.

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Under Fed. R. Civ. P. 17(c), a minor cannot file a lawsuit in his own name. The Court’s

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records do not indicate that a motion for appointment of a guardian ad litem has been filed. In

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addition, the Court notes that M.L.’s representative, if and when appointed, must retain an attorney

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for M.L.’s benefit. Johns v. Cnty. of San Diego, 114 F.3d 874, 876 (9th Cir. 1997) (“[W]e hold

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that [a guardian] cannot bring an action on behalf of a minor child without retaining a lawyer.”).

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Accordingly, the Court ORDERS Plaintiff to show cause with the following instructions:

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(1) On or before August 21, 2015, an individual qualified to represent M.L.’s interests,

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shall file an administrative motion pursuant to Civil Local Rule 7-11 for appointment

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of a guardian ad litem. The motion should identify the individual seeking to become

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M.L.’s representative for the purposes of this case and explain why that individual is a

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suitable representative.

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(2) If the Court approves the appointment of the guardian ad litem, on or before

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September 21, 2015, an attorney retained by the guardian ad litem to represent M.L.’s

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interests shall file a Notice of Appearance.

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Plaintiff is notified that failure to comply with this Order by filing or causing to be filed the

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

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by either deadline, will result in the dismissal of this matter without prejudice.

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IT IS ORDERED.

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Dated: July 27, 2015

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______________________________________
BETH LABSON FREEMAN
United States District Judge

United States District Court
Northern District of California

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