Chavez v. Albuquerque Public Schools et al

Filing 31

ORDER by District Judge Kenneth J. Gonzales granting 30 Joint Motion to Appoint Guardian ad litem. Raynard Struck added as GAL. (tah)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
CLARE CHAVEZ, as parent and guardian
of Ms. Leila A. Blair, an incapacitated child,
Plaintiffs,
vs.

No. 16-cv-863 KG/SCY

JOHN OR JANE DOE(S) 1-5, and
ALBUQUERQUE PUBLIC SCHOOLS,
Defendants.

STIPULATED ORDER APPOINTING GUARDIAN AD LITEM
THIS MATTER comes before the Court upon the joint motion of Plaintiff Clare Chavez,
as guardian for Leila A. Blair, by and through her attorney, Jason M. Alarid, Attorney at Law, LLC (Jason
Alarid) and Defendants Albuquerque Public Schools, by and through their attorneys, Modrall, Sperling,
Roehl, Harris & Sisk, P.A., for the appointment of Raynard Struck, as Guardian ad Litem for Leila
A. Blair, and the Court being fully advised, FINDS the Motion to be well taken and should be

GRANTED.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED as follows:
1.

That the appointment of a Guardian ad Litem is necessary to assist the Court in its

review of this matter, and to ensure that any resolution of this matter adequately consider the
interests of Leila A. Blair to be protected.
2.

That for the purpose of this proceeding Raynard Struck is not a lawyer for Leila A.

Blair, but is solely to be appointed as an extension of the Court to assist in ensuring that the rights

of Leila A. Blair are fully protected.
3.

That as Guardian ad Litem for Leila A. Blair, Raynard Struck shall:

a.

Have independent status from all other parties herein and should be able to

review any documents, including, but not limited to, pleadings, depositions, medical and
psychological records, insurance policies and other pertinent materials related, directly or
indirectly, to the interest of Leila A. Blair with respect to the recommendation concerning
the settlement of her claims;
b.

Conduct an independent investigation and evaluation of physical status

and needs of Leila A. Blair and such independent investigation and evaluation is to be as
an arm of the Court and should be conducted without the interference of any party herein;
c.

Evaluate the settlement proposal between Plaintiff and Defendant

Albuquerque Public Schools, on behalf of Leila A. Blair as an arm of the Court, and report
to the Court as to the fairness and reasonableness of the proposed settlement; and
d.

Be paid a reasonable fee by Defendant Albuquerque Public Schools.

UNITED STATES DISTRICT JUDGE
APPROVED:
JASON M. ALARID, ATTORNEY AT LAW, LLC
By: /s/ Jason M. Alarid

Jason M. Alarid ([e-mail])
Attorney for Plaintiffs
1412 Sixth Street NW
Albuquerque, NM 87102
[phone]
Fax [phone]

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MODRALL, SPERLING, ROEHL,
HARRIS & SISK, P.A.
By: /s/ Megan T. Muirhead
Megan T. Muirhead ([e-mail])
Attorneys for Defendant
P. O. Box 2168
Albuquerque, NM 87103-2168
[phone]
Fax [phone]
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