Crawford et al v. United States Postal Service

Filing 17

MEMORANDUM OPINION AND ORDER upon hearing held 7/18/2012; receipt of the answer for the infant plaintiff L.C., the guardian ad litem is directed to file his answer; and pursuant to the 15 Amended Complaint, directing that this action as to the infant plaintiff, L.C., is dismissed without prejudice; the fee of the guardian ad litem, William W. Pepper, is fixed as $500.00 to be paid by the defendant. Signed by Judge John T. Copenhaver, Jr. on 9/20/2012. (cc: attys; guardian ad litem) (taq)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON

BRITTANY D. CRAWFORD,
and on behalf of L.C.,
her infant daughter,
Plaintiffs,
v.

Civil Action No. 2:11-0777

UNITED STATES POSTAL SERVICE,
Defendant.

MEMORANDUM OPINION AND ORDER

On October 20, 2011, plaintiff instituted this action
individually and on behalf of L.C., her infant daughter, arising
out of a vehicular-pedestrian incident on November 10, 2010.

On

July 3, 2012, plaintiffs moved for settlement approval and the
appointment of a guardian ad litem.

The court appointed William W. Pepper as the guardian
ad litem for the infant plaintiff L.C.

On or about July 17,

2012, the court received the answer of the guardian ad litem,
which reflected, in part, as follows:
Since the minor received no injury, was not contacted
by the subject motor vehicle and because her mother
received only minimal injuries, then the allocation of
some minimal, inconsequential amount to the child
under some theory would not seem to promote the ends

of justice nor result in any meaningful benefit to the
child under the circumstances of this case.
(Ans. at 1).

It is ORDERED that the guardian ad litem be, and

he hereby is, directed to file his answer previously submitted
in the case.
On July 18, 2012, the parties appeared for an infant
summary proceeding.

Counsel for both parties, along with the

guardian ad litem, confirmed that the infant plaintiff would
receive nothing under the terms of the settlement inasmuch as
she suffered no apparent compensable injury.
Having noted, as represented by counsel for all
parties and the guardian ad litem, that no injury and no
intended disbursement of settlement funds was proposed for the
infant, the court invited the parties to study the matter anew,
with the option thereafter of either proposing a monetary
settlement for the infant or instead filing an amended complaint
that, in effect, dropped the infant's claims in the case.

On July 18, 2012, an amended complaint was filed that
dropped the infant as a party, naming only Brittany Crawford as
a plaintiff.

An order filing the complaint was not necessary

inasmuch as the defendant had not been served with process.
Fed. R. Civ. Proc. 15(a)(1).

2

Consequently, this action as to the infant plaintiff,
L.C., is ORDERED dismissed without prejudice.
It is further ORDERED that, in accordance with the
agreement of the parties, the fee of the guardian ad litem,
William W. Pepper, is fixed as $500 to be paid by the defendant.
The Clerk is directed to transmit a copy of this
written opinion and order to counsel of record and the guardian
ad litem.
ENTER: September 20, 2012
John T. Copenhaver, Jr.
United States District Judge

3