Sanchez et al v. Ravax Trucking Ltd. et al

Filing 29

ORDER TO SHOW CAUSE REGARDING GUARDIAN AD LITEM. Plaintiff Maria Briseno must file a motion to be appointed as guardian ad litem by 6/22/2018. Signed by Judge Nathanael Cousins on 6/15/2018. (lmh, COURT STAFF) (Filed on 6/15/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DESIRAY ANTONIA OLGUINBRISENO, et al.,

United States District Court
Northern District of California

Plaintiffs,
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v.
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Case No. 17-cv-01641 NC
ORDER TO SHOW CAUSE
REGARDING GUARDIAN AD
LITEM

RAVAX TRUCKING LTD., et al.,
Defendants.

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On June 13, 2018, plaintiff Maria Briseno filed a motion for approval of settlement

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on behalf of Desiray Antonia Olguin-Briseno. Desiray is a minor. In the court documents

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in this case, Maria Briseno has styled herself as Desiray’s “guardian ad litem.” See e.g.,

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Dkt. No. 28. Yet a guardian ad litem must be appointed by the Court, and no such motion

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has been made to the Court.
“District courts have a special duty, derived from Federal Rule of Civil Procedure

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17(c), to safeguard the interests of litigants who are minors.” Robidoux v. Rosengren, 638

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F.3d 1177, 1181 (9th Cir. 2011). “Rule 17(c) provides, in relevant part, that a district court

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‘must appoint a guardian ad litem—or issue another appropriate order—to protect a minor

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or incompetent person who is unrepresented in an action.’” Id. (quoting Fed. R. Civ. P.

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17(c)(2)). “The decision to appoint a guardian ad litem under Rule 17(c) is normally left

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to the sound discretion of the trial court[.]” Davis v. Walker, 745 F.3d 1303, 1310 (9th Cir.

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2014).
Case No. 17-cv-01641 NC

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Thus, before the Court may consider the motion for approval of the settlement, the

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Court must first consider Maria Briseno’s motion to be appointed as guardian ad litem.

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This motion must be filed with the Court by June 22, 2018.

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IT IS SO ORDERED.

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Dated: June 15, 2018

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_____________________________________
NATHANAEL M. COUSINS
United States Magistrate Judge

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United States District Court
Northern District of California

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Case No. 17-cv-01641 NC

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