Verret et al v. City of Hobbs et al

Filing 77

ORDER GRANTING MOTION TO APPOINT GUARDIAN AD LITEM FOR PLAINTIFFS AV, MV, WV, AND JV by Magistrate Judge Gregory J. Fouratt. (mm)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW MEXICO
TONIA VERRET, et al.,
Plaintiffs,
v.

Civ. No. 17-913 CG/GJF

CITY OF HOBBS, et al.,
Defendants.
ORDER GRANTING MOTION TO APPOINT
GUARDIAN AD LITEM FOR PLAINTIFFS AV, MV, WV, AND JV
THIS MATTER is before the Court on the parties’ “Joint Motion for Appointment of
United States Magistrate Judge Gregory J. Fouratt for Order Appointing Guardian Ad Litem and
for Review of and Order Approving Settlement” (“Motion”) [ECF No. 74]. The Motion asks the
Court to appoint a Guardian ad Litem to represent the best interests of the minor plaintiffs [AV,
MV, WV, and JV] in the context of reviewing the fairness of the settlement reached between the
parties. The presiding judge in this case has referred the Motion to the undersigned to hear and
determine pursuant to the provisions of 28 U.S.C. § 636(b)(1)(A) and Fed. R. Civ. P. 72(a). See
ECF No. 76. Having considered the Motion, reviewed the record, and being otherwise fully
advised, the Court FINDS:
1. It is within the discretion of the District Court to appoint a Guardian ad Litem for a person
who is or may not otherwise be able to protect his or her own interests. Pursuant to Fed.
R. Civ. P. 17(c)(2), “[t]he Court must appoint a guardian ad litem – or issue another
appropriate order – to protect a minor or incompetent person who is unrepresented in an
action.”

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2.

At the time the First Amended Complaint was filed, A.V., M.V., W.V., and J.V., were
minors and therefore their claims were brought by and through their mother and next friend,
Tonia Verret. All four are still minors.
a. A.V. is currently sixteen years old. Her date of birth is February 1, 2002.
b. M.V. is currently thirteen years old. Her date of birth is December 12, 2004.
c. W.V. is currently nine years old. His date of birth is August 6, 2009.
d. J.V. is currently five years old. His date of birth is October 28, 2013.

3. A settlement agreement has been achieved between all Plaintiffs and all Defendants which
would resolve all of the claims in this case.
4. Court approval of this confidential settlement is sought, and a Guardian Ad Litem is
requested to assist the Court in this matter.
5. The Guardian Ad Litem should be appointed to investigate on behalf of the Court the
fairness and reasonableness of this confidential settlement and its effect upon the minor
child.
6. The Guardian Ad Litem shall serve as an “arm of the Court.” Under this appointment, the
Guardian Ad Litem’s duties are owed to the Court, and not to any party.
7. The Guardian Ad Litem shall have access to all medical and other records of the children
which are relevant to the issues in this case.
8. Feliz A. Rael, Esq. is qualified to perform as Guardian Ad Litem, and has agreed to serve
as Guardian Ad Litem in this case.
9. There are strong public policy reasons to grant immunity to the Guardian Ad Litem who in
this case is acting as an “arm of the court’ and is performing an essential role in this Court’s
administration of justice, as the Judge’s assistant. All immunities and privileges available

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to the Guardian Ad Litem, as articulated by the New Mexico Supreme Court in Collins v.
Tabet, 111 N.M. 391, 806 P.2d 40 (1991) shall be extended to the Guardian Ad Litem in
this matter, and as such Guardian Ad Litem Feliz A. Rael shall be absolutely immune from
any liability for her actions taken pursuant to this appointment, insofar as her conduct in
the case is a result of an investigation on behalf of this Court into the fairness and
reasonableness of the proposed confidential settlement and its effect on the minor children.
The Guardian Ad Litem’s duties and obligations in this matter are owed to the Court and
not to the minor children.
10. Feliz A. Rael’s role as Guardian Ad Litem will end once a final order of Court approval
for the confidential settlement of the minor children is entered.
11. Feliz A. Rael has reviewed the settlement agreement as Guardian Ad Litem and her report
was filed under seal with the Court on November 20, 2018 [ECF No. 73].
IT IS THEREFORE ORDERED that the Motion is GRANTED. Accordingly, Feliz
Rael, Esq., is appointed as Guardian ad Litem for all minor Plaintiffs. To answer any additional
questions from the Court or otherwise to provide information supplemental to her report, Ms. Rael
shall appear telephonically at the fairness hearing scheduled for 10:00 a.m. on December 11,
2018.
IT IS SO ORDERED.

___________________________________
THE HONORABLE GREGORY J. FOURATT
UNITED STATES MAGISTRATE JUDGE

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