Vargas v. United States of America
ORDER granting 21 Motion to Appoint Guardian Ad Litem. The Court appoints James Calvin Smith guardian ad litem for his grandson Jesus Vargas for the purpose of pursuing this action on Jesus Vargas' behalf. Signed by Judge Larry Alan Burns on 3/16/17. (kas)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
CANDICE VARGAS, et al.,
CASE NO. 15cv2130-LAB (MDD)
ORDER APPOINTING GUARDIAN
UNITED STATES OF AMERICA,
The Court must "take whatever measures it deems proper to protect an incompetent
person during litigation." United States v. 30.64 Acres of Land, 795 F.2d 796, 805 (9th Cir.
1986); Fed. R. Civ. P. 17(c). "Although the court has broad discretion and need not appoint
a guardian ad litem if it determines the person is or can be otherwise adequately protected,
it is under a legal obligation to consider whether the person is adequately protected." Id. The
Court finds it's appropriate to appoint a guardian ad litem to protect minor plaintiff Jesus
Vargas. The Court appoints James Calvin Smith guardian ad litem for his grandson Jesus
Vargas for the purpose of pursuing this action on Jesus Vargas' behalf.
IT IS SO ORDERED.
DATED: March 16, 2017
HONORABLE LARRY ALAN BURNS
United States District Judge
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