Sanchez v. Socorro Consolidated Schools et al

Filing 29

ORDER by Magistrate Judge Kevin R. Sweazea granting 28 Motion to Appoint Guardian Ad Litem. (sls)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO

KELLY STOUT SANCHEZ, as
Guardian Ad Litem of B.A., a
Minor Child,
Plaintiff,
v.

No. 1:17-CV-943 KRS-LF

SOCORRO CONSOLIDATED SCHOOLS,
A New Mexico Municipal Entity, and RANDALL
EARWOOD, JOSEPH ANTON SALOME,
GILBERT PERALTA and JUAN MORALES,
Individually,
Defendants.
ORDER GRANTING UNOPPOSED MOTION TO APPOINT GUARDIAN AD
LITEM AND APPOINTING GUARDIAN AD LITEM
THIS MATTER comes before the Court on Plaintiffs’ unopposed motion to appoint
attorney Feliz Angelica Real as guardian ad litem for the minor child, B.A. (Doc. 28). The Court
has reviewed the motion, the record of this case and applicable law, and finds that the motion
should be GRANTED. Feliz Angelica Real is qualified and should be appointed as guardian ad
litem for B.A. in this case.
IT IS, THEREFORE, ORDERED that Plaintiffs’ unopposed motion to appoint a
guardian ad litem (Doc. 28) is GRANTED and Feliz Angelica Real is hereby appointed to serve as
guardian ad litem for B.A., a minor child, in this action. The fees for the Guardian Ad Litem shall
be paid by the Defendants in this matter.
IT IS FURTHER ORDERED that the guardian ad litem shall exercise her independent
and professional judgment in the performance of the following duties:

a.

to investigate on behalf of the Court and to review the settlement of this
case proposed by the Parties to see whether the proposed settlement as it
relates to the disposition of the settlement proceeds is fair, reasonable, and
in the best interests of B.A.; and

b.

to report to the Court, in writing and orally at a hearing to be set at a later
date, on (i) the outcome of her investigation and review, (ii) the fairness and
reasonableness of the proposed settlement as it relates to the disposition of
the settlement proceeds, and (iii) whether the proposed settlement is in the
best interests of B.A.

IT IS FURTHER ORDERED that the guardian ad litem shall consider, in her
investigation of the proposed settlement and report to the Court, the manner in which the
settlement proceeds will be held and/or applied for the benefit of B.A.
IT IS FURTHER ORDERED that the appointment of a guardian ad litem does not
contemplate the guardian’s representation of B.A. as an advocate but, instead, her appointment is
as an “arm of the Court.” In other words, the guardian ad litem’s responsibilities under this
appointment are to the Court and not to the minor child.
IT IS FURTHER ORDERED that Feliz Angelica Real as guardian ad litem shall have all
the immunities and privileges available to a guardian ad litem as articulated by the New Mexico
Supreme Court in Collins v. Tabet, 806 P.2d 40 (N.M. 1991).
IT IS FURTHER ORDERED that the guardian ad litem shall have access to all records
regarding B.A. the guardian deems necessary, including without limitation all counseling and
medical records.

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IT IS FURTHER ORDERED that the guardian ad litem shall be entitled to participate in,
and receive notice of, all proceedings in this action, and to receive copies of all documents filed in
this action and all correspondence between the parties to this action.
IT IS FURTHER ORDERED that upon the entry of an order approving the proposed
settlement, the guardian ad litem’s appointment will automatically cease and she shall have no
further obligation to the Court or parties.

__________________________________
KEVIN R. SWEAZEA
UNITED STATES MAGISTRATE JUDGE

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