Cordova v. Lea County Detention Center et al

Filing 65

ORDER by Magistrate Judge Kevin R. Sweazea granting 63 Motion to Appoint Guardian ad Litem. Nicole Charlebois is hereby appointed as Guardian Ad Litem. (cbf)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
JOHN CORDOVA,
Plaintiff,
vs.

No. 1:19-cv-00377-RB/KRS

LEA COUNTY DETENTION CENTER,
LEA COUNTY, WARDEN RUBEN
QUINTANA, in his individual capacity,
JOHN/JANE DOE CHIEF OF SECURITY
FOR LEA COUNTY DETENTION CENTER in
his/her individual capacity, LIEUTENTANT
JOHEL MALDONADO in his individual
capacity, OFFICER JOE PORTILLO in his
individual capacity, OFFICER ERIC BLAND in his
individual capacity, and OFFICER DILLON PHIPPS
in his individual capacity,
Defendants.
ORDER GRANTING JOINT MOTION TO APPOINT GUARDIAN AD LITEM
The Court, having read the Joint Motion to Appoint Guardian ad Litem (Doc.
63), and being otherwise fully informed,
FINDS that good cause exists for the appointment of a Guardian ad Litem to
investigate, on behalf of the Court, the issues raised in the above-styled and numbered
cause, to report to the Court her conclusions, and to take whatever action is necessary
and appropriate to effectuate that end.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that:
1.

Nicole Charlebois is hereby appointed by the Court, as Guardian Ad

Litem in this cause.
2.

As the court-appointed Guardian Ad Litem, Nicole Charlebois shall be

deemed a party entitled to participate, to have notice of all proceedings, and to receive
copies of all pleadings and correspondence among the parties.

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3.

The Guardian Ad Litem shall be deemed an arm and friend of the Court

and is appointed to assist the Court in discharging its duties to the plaintiff. The
Guardian Ad Litem shall conduct an independent investigation of all matters relevant
to the issues in this cause, shall report to the parties and to the Court her conclusions
with respect to such investigation, and shall undertake whatever formal or other
actions he deems necessary or appropriate to implement conclusions in connection
with this action.
4.

At any hearing in this case, the Guardian Ad Litem will be entitled to

testify as a witness or may informally report to the Court on the nature and scope of
her investigation, her conclusions and her recommendations regarding both the
fairness and reasonableness of the proposed settlement and the manner in which the
settlement monies shall be held/used on behalf of the plaintiff.
5.

The Guardian Ad Litem shall have access to all medical records and bills

regarding the assault which occurred on April 29, 2017.
6.

There are strong public policy reasons to grant immunity to the

Guardian Ad Litem in this case, who is acting as an “Arm of the Court” as the Judge’s
assistant, and is performing an essential role in this Court’s administration of justice.
Accordingly, all immunities and privileges available to the Guardian Ad Litem, as
articulated by the New Mexico Supreme Court in Collins v. Tabet, 111 NM 391, 806
P.2d 40 (1991), shall be extended to the Guardian Ad Litem in this matter. Nicole
Charlebois shall be absolutely immune from any liability for any actions taken
pursuant to this appointment, insofar as her conduct in this case involves an
investigation on behalf of this Court into the fairness and reasonableness of the
settlement and the manner in which the settlement monies will be held/used on
behalf of the plaintiff.

7.

The Guardian Ad Litem’s duties and obligations in this case are owed to

the Court and not to the plaintiff.
8.

The Guardian Ad Litem’s reasonable fees shall be paid by Defendants.

______________________________
KEVIN R. SWEAZEA
UNITED STATES MAGISTRATE JUDGE

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