Shumaker v. United States of America et al

Filing 9

ORDER Granting 7 Motion to Appoint Guardian ad Litem. Patrice Shumaker appointed. Signed by Judge Roger T. Benitez on 2/22/2017. (knb)

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;1 l- 1 F1L10 2 * FES 22 PH 3* l f 3 Ctm\ U.S. Clfi.TSIGT fJCt/R" Oil !r ten j.StK.ur a CALJi-ltaN A 4 'VY 5 BEttiTY 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 JACK SHUMAKER, by and through his Guardian Ad Litem Patrice Shumaker, 12 Case No.: 3:16-cv-02652-BEN-AGS ORDER GRANTING MOTION TO APPOINT GUARDIAN AD LITEM Plaintiff, 13 14 v. 15 UNITED STATES OF AMERICA, and Does 1-50, 16 Defendants. 17 Plaintiff Jack Shumaker1 has filed an ex parte motion to appoint Patrice Shumaker 18 19 as his Guardian Ad Litem. (Docket No. 7.) Pursuant to Rule 17(c)(1)(A), a “general 20 guardian” may sue on behalf of a minor, and a “a parent is a guardian who may so sue.” 21 Prudential Ins. Co. ofAm. v. Remington, No. 2:12-CV-02821-GEB, 2013 WL 3070629, 22 at *1 (E.D. Cal. June 17, 2013) (quoting Cmty. for Equity v. Mich. High Sch. Athletic 23 Ass'n, 26 F. Supp. 2d 1001, 1006 (W.D. Mich. 1998)). Thus, although it does not appear 24 that such an order is necessary, the Court GRANTS Plaintiff s motion. 25 26 27 28 Although the Motion names both Patrice Shumaker and Jack Shumaker “Plaintiff’ (docket no. 7 at 1:18; 1:23), it is the Court’s understanding that Jack Shumaker is the sole named plaintiff in this action. i l 3:16-cv-02652-BEN-AGS ;1 i 1 Patrice Shumaker is hereby appointed as Plaintiffs Guardian Ad Litem. However, 2 should Patrice Shumaker become a plaintiff to the action and an actual or potential 3 conflict of interest arises between her and Jack Shumaker, the Court must appoint a new 4 Guardian Ad Litem. See Bhatia v. Corrigan, No. C 07-2054 CW, 2007 WL 1455908, at 5 *1 (N.D. Cal. May 16, 2007) (quoting Williams v. Superior Court, 54 Cal. Rptr. 3d 13, 23 6 (Cal. Ct. App. 2007) (“[I]f the parent has an actual or potential conflict of interest with 7 his child, the parent has no right to control or influence the child's litigation.”). 8 IT IS SO ORDERED. 9 10 11 DATED: February2017 HOjtf R T. BENITEZ United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 3:16-cv-02652-BEN-AGS

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