Shumaker v. United States of America et al
Filing
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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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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF CALIFORNIA
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JACK SHUMAKER, by and through his
Guardian Ad Litem Patrice Shumaker,
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Case No.: 3:16-cv-02652-BEN-AGS
ORDER GRANTING MOTION TO
APPOINT GUARDIAN AD LITEM
Plaintiff,
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v.
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UNITED STATES OF AMERICA, and
Does 1-50,
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Defendants.
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Plaintiff Jack Shumaker1 has filed an ex parte motion to appoint Patrice Shumaker
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as his Guardian Ad Litem. (Docket No. 7.) Pursuant to Rule 17(c)(1)(A), a “general
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guardian” may sue on behalf of a minor, and a “a parent is a guardian who may so sue.”
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Prudential Ins. Co. ofAm. v. Remington, No. 2:12-CV-02821-GEB, 2013 WL 3070629,
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at *1 (E.D. Cal. June 17, 2013) (quoting Cmty. for Equity v. Mich. High Sch. Athletic
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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.
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3:16-cv-02652-BEN-AGS
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Patrice Shumaker is hereby appointed as Plaintiffs Guardian Ad Litem. However,
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should Patrice Shumaker become a plaintiff to the action and an actual or potential
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conflict of interest arises between her and Jack Shumaker, the Court must appoint a new
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Guardian Ad Litem. See Bhatia v. Corrigan, No. C 07-2054 CW, 2007 WL 1455908, at
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*1 (N.D. Cal. May 16, 2007) (quoting Williams v. Superior Court, 54 Cal. Rptr. 3d 13, 23
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(Cal. Ct. App. 2007) (“[I]f the parent has an actual or potential conflict of interest with
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his child, the parent has no right to control or influence the child's litigation.”).
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IT IS SO ORDERED.
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DATED: February2017
HOjtf
R T. BENITEZ
United States District Judge
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3:16-cv-02652-BEN-AGS
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