Wilson v. Davis et al

Filing 38

ORDER that Plaintiff's 36 "Motion to Release Loann Meekins as Guardian Ad Litem of Tiana Wilson" is GRANTED IN PART, and Kristena Wilson is SUBSTITUTED for Loann Meekins as Guardian Ad Litem for Plaintiff Tia na Wilson. The Clerk of Court is respectfully DIRECTED to amend the caption of this matter to reflect the substitution of Kristena Wilson for Loann Meekins, and to reflect Tiana Wilson's name. Signed by Magistrate Judge W. Carleton Metcalf on 6/11/2019. (khm)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:17 CV 252
LOANN MEEKINS, as Guardian
ad Litem for T.W.,
Plaintiff,
v.
SHANE DAVIS and THE CITY OF
KINGS MOUNTAIN,
Defendants.
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ORDER

This matter is before the Court on the “Motion of Plaintiff to Release Loann
Meekins as Guardian Ad litem of Tiana Wilson” (Doc. 36).
The Court conducted a hearing on the Motion on June 10, 2019. Attorney Geraldine
Sumter appeared with Plaintiff Tiana Wilson, her mother Kristena Wilson, and Guardian
Ad Litem Loann Meekins. Attorney Patrick Flanagan appeared on behalf of Defendants
Shane Davis and the City of Kings Mountain.
From the information appearing on the docket and submitted during the hearing, it
appears that Ms. Meekins, who currently serves as Tiana Wilson’s Guardian Ad Litem in
this matter, has acted as the guardian of Tiana Wilson’s estate under an appointment by the
Clerk of Superior Court of Cleveland County, North Carolina. It further appears that the
Clerk has determined that Tiana Wilson, who is no longer a minor, does not require a
guardian of her estate or a guardian of her person, and therefore has discontinued
guardianships that were previously established for those purposes.

Plaintiff acknowledges that the findings by the Clerk of Court of Cleveland County
regarding Tiana Wilson are not binding on this Court, which is required to undertake its
own analysis under Rule 17 of the Federal Rules of Civil Procedure to determine whether
a representative should continue to appear with Plaintiff.
In that regard, Plaintiff’s counsel advised that Plaintiff would continue to benefit
from the assistance of a representative (in addition to counsel) in this matter. It is the
position of Plaintiff that Ms. Meekins is no longer a suitable representative of Tiana
Wilson, due to the dissolution of her state court guardianship and her lack of relationship
with Tiana Wilson otherwise, and that Tiana Wilson’s mother, Kristena Wilson, should
now be substituted for Ms. Meekins as Tiana Wilson’s Guardian Ad Litem.
Plaintiff’s counsel recommended Kristena Wilson to the Court as a Guardian Ad
Litem, noting Kristena Wilson’s record of responsiveness and diligence in relation to this
case and other legal matters involving her daughter, and Kristena Wilson’s demonstrated
interest in assuring that Tiana Wilson understands her affairs. In addition, Kristena Wilson
served previously as a co-guardian of Tiana Wilson’s person under an appointment by the
Clerk of Court of Cleveland County. It is also noted that Tiana Wilson is the lone plaintiff
in this case.
Defendants have no objection to the continued appearance of a Guardian Ad Litem
for Tiana Wilson, nor do they object to the substitution of Kristena Wilson for Loann
Meekins.

The Court inquired of Kristena Wilson, who stated she understood the
responsibilities of the role of Guardian Ad Litem and was willing to undertake them on
behalf of Tiana Wilson in this case.
Plaintiff and her representatives do not object to the caption of this matter being
revised to reflect Tiana Wilson’s full name.
Having reviewed the Motion, the information appearing in the record and presented
during the hearing, and applicable authorities, the Court finds that Plaintiff Tiana Wilson
should continue to be represented by a Guardian Ad Litem and that Kristena Wilson may
be substituted for Ms. Meekins for that purpose.
IT IS THEREFORE ORDERED THAT:
1. The “Motion of Plaintiff to Release Loann Meekins as Guardian Ad Litem of
Tiana Wilson” (Doc. 36) is GRANTED IN PART, and Kristena Wilson is
SUBSTITUTED for Loann Meekins as Guardian Ad Litem for Plaintiff Tiana
Wilson.
2. The Clerk of Court is respectfully DIRECTED to amend the caption of this
matter to reflect the substitution of Kristena Wilson for Loann Meekins, and to
reflect Tiana Wilson’s name.

Signed: June 11, 2019