Enskat et al v. Hitzemann

Filing 6

ORDER granting 4 Motion for Appointment of Next Friend by Chandler Enskat, Sharon Enskat. Sharon Enskat is appointed next friend. Signed by Magistrate Judge Clifford J. Proud on 8/19/09. (amv)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS CHANDLER ENSKAT, and SHARON ENSKAT, individually and as Next Friend for Chandler Enskat, a minor, Plaintiffs, v. BONNIE K. HITZEMANN, Defendant. ) ) ) ) ) ) ) ) ) ) ) )

Civil No. 09-613-GPM-CJP

ORDER PROUD, Magistrate Judge: Before the Court is plaintiff Sharon Enskat's Motion for Appointment of Next Friend. (Doc. 4).1 Plaintiff Sharon Enskat moves the Court to appoint her as the Next Friend of her son, Chandler Enskat, for the purpose of prosecuting this action. The Court will grant the motion, although it was not necessary to file same. As the minor plaintiff is represented, Fed.R.Civ.P. 17(c)(2), to which plaintiff cites, does not apply. For good cause shown, plaintiffs' Motion for Appointment of Next Friend (Doc. 4) is GRANTED. Sharon Enskat is appointed Next Friend of her son, Chandler Enskat, for the purpose of prosecuting this action. IT IS SO ORDERED. DATED: August 19, 2009. s/ Clifford J. Proud CLIFFORD J. PROUD U. S. MAGISTRATE JUDGE

The Court notes that the caption of the motion is incorrect in that it names Chandler as the sole plaintiff, but the complaint clearly states that Sharon is suing in both individual and representative capacities.

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