F.E., v. Moreland Unified School District

Filing 14

ORDER GRANTING #13 PETITION FOR THE APPOINTMENT OF GUARDIAN AD LITEM. Signed by Judge Beth Labson Freeman on 11/29/2016. (blflc2S, COURT STAFF) (Filed on 11/29/2016)

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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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F. E., et al.,

Case No. 16-cv-03983-BLF
Plaintiffs,

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v.
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MORELAND UNIFIED SCHOOL
DISTRICT, et al.,

ORDER GRANTING PETITION FOR
THE APPOINTMENT OF GUARDIAN
AD LITEM
[Re: ECF 13]

Defendants.

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United States District Court
Northern District of California

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Before the Court is Plaintiff’s petition to appoint Mr. Fritz Eberly as guardian ad litem for

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Plaintiff F.E., a minor. ECF 13. When a minor is a litigant, “[t]he Court has a duty to ensure that

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[the] minor’s interest[s] are protected.” Brown v. Alexander, No. 13-CV-01451-RS, 2015 WL

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7350183, at *1 (N.D. Cal. Nov. 20, 2015) (citing Fed. R. Civ. P. 17(c)). “A guardian ad litem is

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like the minor's agent whose purpose is to protect the minor's interests in the litigation. While a

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guardian ad litem ‘may make tactical and even fundamental decisions affecting the litigation,’ he

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or she must make those decisions ‘always with the interest of the guardian's charge in mind.’” Id.

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(quoting Williams v. Superior Court, 147 Cal. App. 4th 36, 47 (2007)).

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Mr. Eberly is F.E.’s father, and declares that he has no interests adverse to F.E., and that

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the appointment is intended for this litigation only. See ECF 13-1. Having considered Plaintiff’s

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submissions, the Court finds that Mr. Eberly a suitable representative for F.E.’s interests in this

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action. Accordingly, the Court GRANTS the petition to appoint guardian ad litem for the

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purposes of this action.

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IT IS SO ORDERED.
Dated: November 29, 2016
______________________________________
BETH LABSON FREEMAN
United States District Judge