Miller et al v. United States of America

Filing 68

ORDER Granting 67 Unopposed Motion to Appoint Guardian Ad Litem Chip Evans for Minor C.M. Report due by 1/25/2022. Signed by Magistrate Judge Cam Ferenbach on 12/29/2021. (Copies have been distributed pursuant to the NEF - ABG)

Case 2:19-cv-01293-APG-VCF Document 68 Filed 01/11/22 Page 1 of 7

Danial Laird
Nevada Bar #11831
[e-mail]
Jamal K. Alsaffar, pro hac vice
Texas Bar #24027193
[e-mail]
Tom Jacob, pro hac vice
Texas Bar #24069981
[e-mail]
7500 Rialto Blvd
Bldg. Two, Ste. 250
Austin, Texas 78735
Attorneys for the Plaintiffs
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
BLAKE and JENNA MILLER,

Case Number

Individually and on Behalf of C.M.,

2:19-cv-01293-APG-VCF

a Minor Child,
Plaintiffs

UNOPPOSED AMENDED
MOTION TO APPOINT

v.

GUARDIAN AD LITEM

UNITED STATES OF
AMERICA,
Defendant

1

Plaintiffs request the Court appoint Chip Evans, Evans & Herlihy Law

2

Firm, 4407 Bee Caves Rd., Suite 611, Austin, TX 78746 as guardian ad litem

3

for minor child C.M., for the limited purpose of reviewing a settlement agree-

4

ment affecting the resolution of this case and ensuring no conflict of interest

5

exists.

Page 1 of 6

Case 2:19-cv-01293-APG-VCF Document 68 Filed 01/11/22 Page 2 of 7

BACKGROUND

1
2

This is a medical malpractice case. It is alleged that C.M. suffered severe

3

and irreversible injury during labor and delivery at Mike O’Callaghan Fed-

4

eral Medical Center. His parents, Blake and Jenna Miller, filed this lawsuit

5

individually and on behalf of C.M.

6

The Parties to this lawsuit reached a proposed settlement that requires

7

the Court’s approval prior to review and decision by the Attorney General or

8

his designee. Because C.M. is a minor child, Plaintiffs request that the Court

9

appoint a guardian ad litem to protect the interests of C.M. for the limited

10

purpose of reviewing the settlement agreement and determining that this

11

settlement is in C.M.’s best interest.

ANALYSIS

12
13

Under Fed. R. Civ. P. 17(c), the Court may appoint a guardian ad litem

14

where the Court believes the appointment to be in the best interest of a mi-

15

nor or disabled individual. Scannavino v. Fla. Dep’t of Corrections, 242 F.R.D.

16

662, 666-67 (M.D. Fla. 2007). The Court has “broad discretion to fashion ap-

17

propriate safeguards to protect the interests of incompetent persons and to

18

decide whether to appoint a guardian ad litem under Rule 17(c).” J.B. v. Ban-

19

ning Unified Sch. List., No. EDCV 18-2134-JGB, 2018 WL 6164312, at *1

20

(C.D. Cal. Oct. 18, 2018).

21

Here, both parents are parties. As a term of settlement, the United

22

States requires Plaintiffs to obtain court approval of the settlement. An inde-

23

pendent guardian ad litem will help the Court determine whether the settle-

24

ment is within the best interests of C.M.
Page 2 of 6

Case 2:19-cv-01293-APG-VCF Document 68 Filed 01/11/22 Page 3 of 7

1

Plaintiffs request the Court appoint Chip Evans, Evans & Herlihy Law

2

Firm, 4407 Bee Caves Rd., Suite 611, Austin, TX 78746, as an appropriate

3

guardian ad litem for C.M. Plaintiffs currently live in the Killeen, Texas area

4

where they have purchased land and intend to live there permanently. Also,

5

their families live in Texas.

6

Plaintiffs have conferred with the United States, and they do not oppose

7

this appointment. Mr. Evans is a licensed attorney in Texas and has consid-

8

erable experience in serving as guardian for these types of cases. He is also

9

board certified by the Texas Board of Legal Specialization. Given C.M.’s sub-

10

stantial future medical needs in the local area of Texas where C.M. has his

11

permanent residence, it is important to provide a guardian ad litem who un-

12

derstands the availability of local medical care services. Plaintiffs contacted

13

Mr. Evans and he is willing to accept this appointment as guardian ad litem,

14

should the Court approve this motion.

CONCLUSION

15
16

Plaintiffs request that the Court appoint Chip Evans as guardian ad li-

17

tem to review the settlement in the above styled case and report to the Court

18

on his review.

Page 3 of 6

Case 2:19-cv-01293-APG-VCF Document 68 Filed 01/11/22 Page 4 of 7

Respectfully Submitted,
/s/ Jamal Alsaffar
JAMAL K. ALSAFFAR, pro hac vice
[e-mail]
Texas State Bar #24027193
TOM JACOB, pro hac vice
[e-mail]
Texas State Bar #24069981
Whitehurst, Harkness, Brees, Cheng,
Alsaffar, Higginbotham, & Jacob
PLLC
7500 Rialto Blvd, Bldg. Two, Ste
250
Austin, TX 78735
[phone] (o)
[phone] (f)
DANIAL LAIRD
[e-mail]
Nevada Bar #11831
Laird Law PLLC
8991 West Flamingo Road, Suite C,
Las Vegas, NV 89147
[phone] (o)
Attorneys for the Plaintiff

Page 4 of 6

Case 2:19-cv-01293-APG-VCF Document 68 Filed 01/11/22 Page 5 of 7

1
2
3

CERTIFICATE OF CONFERENCE
By my signature above, Plaintiffs have conferred with the Government
and the Government does not oppose this motion.

Page 5 of 6

Case 2:19-cv-01293-APG-VCF Document 68 Filed 01/11/22 Page 6 of 7

1

CERTIFICATE OF SERVICE

2

By my signature above, I certify that a copy of this pleading, Unopposed

3

Amended Motion to Appoint Guardian ad Litem, has been sent to the follow-

4

ing on December 23, 2021 via the Court’s CM/ECF notice system.
Brianna Smith
U.S. Attorney’s Office
501 Las Vegas Blvd South
Suite 1100
Las Vegas, NV 89101702-388-6533
[e-mail]
Attorney for the Defendant

Page 6 of 6

Case 2:19-cv-01293-APG-VCF Document 68 Filed 01/11/22 Page 7 of 7

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
BLAKE and JENNA
MILLER, Individually and on
Behalf of C.M., a Minor Child,

Case Number
2:19-cv-01293-APG-VCF

Plaintiffs

ORDER

v.
UNITED STATES OF
AMERICA,
Defendant

1

After reviewing the motion to appoint a guardian ad litem, the Court

2

ORDERS Chip Evans, Evans & Herlihy Law Firm, 4407 Bee Caves Rd.,

3

Suite 611, Austin, TX 78746, shall be appointed the Guardian Ad Litem to

4

protect the interest of C.M. and to review the proposed settlement in the

5

above styled case. Within two weeks of the entry of this Order, Mr. Evans will

6

issue his report to the Court.

7
8

IT IS SO ORDERED.

9
10
11

______________________________
______________________________
Cam Ferenbach
United States Magistrate Judge

12-29-2021

DATED ________________________

Page 1 of 1