A.B. v. Burke County Public Schools Board of Education et al

Filing 19

ORDER directing Plaintiff's counsel to produce documents by 4/8/13 re: appointment as Guardian Ad Litem. Signed by Magistrate Judge Dennis Howell on 3/25/13. (Pro se litigant served by US Mail.)(bsw)

IN THE UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:13 CV 009

A.B., as Lawful Guardian ad litem of
Minor Child, L.B.,

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Plaintiff
v
BURKE COUNTY PUBLIC SCHOOLS
BOARD OF EDUCATION, LINDA
BRADSHAW, JOHN ROES 1-10, and
MICHAEL ANDREW ALEXANDER,
Defendants

ORDER

IN REVIEWING the file in this matter it appears to the undersigned that
there is no record that shows the appointment of a guardian ad litem for the alleged
minor child in this matter. Rule 17(c) of the Federal Rules of Civil Procedure
provides as follows:
Rule 17(c) Minor or Incompetent Person.
(1)

With a Representative. The following representatives may
sue or defend on behalf of a minor or an incompetent person:
(A) a general guardian;
(B) a committee;
(C) a conservator; or
(D) a like fiduciary.

(2)

Without a Representative. A minor or an incompetent person
who does not have a duly appointed representative may sue by
a next friend or by a guardian ad litem. The court must appoint
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a guardian ad litem---or issue another appropriate order---to
protect a minor or incompetent person who is unrepresented in
an action.
Counsel for Plaintiff shall be given a period of time to produce and file in
this Court documentation showing that a guardian ad litem has been appointed for
the minor child in this matter by a judge of this Court, or counsel for Plaintiff will
be allowed, pursuant to Rule 17(a)(3), to file a motion for the appointment of a
guardian ad litem for the minor child in this case. The motion may be filed under
seal and should establish the status of the minor child and further establish good
cause for the appointment of the person selected to serve as guardian ad litem.
ORDER
IT IS, THEREFORE, ORDERED that on or before April 8, 2013
Plaintiff’s counsel shall either:
1)

Produce and file with this Court documentation showing that a Motion

for Appointment of a Guardian Ad Litem was presented and signed by a judge of
this Court appointing a guardian ad litem for the minor child in this case; or
2)

On or before April 8, 2013 file a motion seeking the appointment of a

guardian ad litem for the minor child in this case. The motion may be filed under
seal and should establish the status of the minor child and further establish good
cause for the appointment of the person selected to serve as guardian ad litem.

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Pending the filing of the above referenced documents, the undersigned shall
stay the entry of a scheduling order in this case.

Signed: March 25, 2013

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