Vidana, Jorden et al v. Gomez, Luis et al

Filing 55

ORDER that: 1. No later than February 15, 2024, Matthew Lein is to submit the following documents to the court ex parte: (1) a retainer agreement signed by Kendrick Decorah's legal guardian; (2) conflict-of-int erest waivers signed by all parties or their legal representatives as discussed in this opinion; and (3) a retainer agreement with Robert Barnes. If Lein does not provide a retainer agreement for Kendrick Decorah by February 15, the court will dismis s Kendrick Decorah from the case. 2. Kyle Torvinen of Torvinen Jones & Saunders SC is appointed as the guardian adlitem for Jordan Vidana, Jr., Jaylen Vidana, and Sander King.3. Timothy Eiden of Eiden & Hatfield, LLC, is appointed as the guardi an ad litem for No-Ko-Selvs-Te Hopinka Whitecloud and He-Les-Wv-Cexi-Wi Hopinka-Whitecloud.4. Robert Barnes of McCarthy & Barnes, PLC is appointed as the guardian ad litemfor Kenrick Decorah.5. Jaclyn Carriga is substituted for Curtis N. Lein as the personal representative of the Estate of Jordan Vidana. Signed by District Judge James D. Peterson on 2/05/2024. Associated Cases: 3:23-cv-00082-jdp, 3:23-cv-00486-jdp (nln)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

ESTATE OF JORDAN VIDANA through its personal
representative CURTISS N. LEIN,
JORDAN VIDANA, JR., JADEN VIDANA,
JAYLEN VIDANA, and SANDER KING, through their
guardian ad-litem SAMUEL LAWTON,
Plaintiffs,
v.

ORDER
23-cv-82-jdp

LUIS REYES GOMEZ, HP TRANS CORP,
DRIVE NEW JERSEY INSURANCE COMPANY,
and SENTRY SELECT INSURANCE COMPANY,
Defendants.
ESTATE OF LEONARD ROBERT HOPINKA through
its personal representative JOSHUA MELTON,
HELES-WV-CEXI-WI HOPINKAWHITECLOUD and
NO-KO-SELVS-TE HOPINKA WHITECLOUD
through their guardian ad-litem VICTORIA L. DAVIS
DÁVILA, ESTATE OF TYLER EDWARD DECORAH
through its personal representative JUSTIN HALL and
KENDRICK DECORAH through her guardian ad-litem
ROBERT PLEDL,
Plaintiffs,

ORDER
23-cv-486-jdp

v.
LUIS REYES GOMEZ, HP TRANS CORP,
DRIVE NEW JERSEY INSURANCE COMPANY,
and SENTRY SELECT INSURANCE COMPANY,
Defendants.
As requested by the court, Matthew Lein has submitted more information to address
the court’s concerns about his representation of the plaintiffs, the guardians ad litem, and the
personal representatives. The court will briefly explain its resolution of these issues.

As for Lein’s representation of all the plaintiffs in the case, he has explained why he
believes it is ethical for him to do so, and he has submitted a proposed conflict-of-interest
waiver to be signed by the estates’ personal representatives, the minors’ guardians ad litem,
and Jaden Vidana.1 The court is persuaded that Lein is aware of the ethical rules pertaining to
the joint representation and the potential problems that might arise. The court will allow Lein
to proceed as counsel for all plaintiffs, with the additional requirements stated below. But to
be clear, the court is not ruling that Lein’s representation complies with either the Model Rules
of Professional Conduct or the Wisconsin Rules of Professional Conduct. That matter has not
been fully presented to the court, and the court does not have all the information it would need
to make that determination.
Two matters require additional attention.
First, Lein cannot represent the minor Kendrick Decorah without a retainer agreement
signed by his legal guardian. Lein acknowledges in a footnote that Kendrick’s legal guardian
has not signed a retainer agreement, Dkt. 47, at 3, and Lein identifies no other legal
authorization he has to represent Kendrick. The court will give Lein a deadline to submit a
retainer agreement or Kendrick will be dismissed from the case. The Decorah estate will
continue as a party to the case; it’s participation has been authorized by the personal
representative.
Second, the conflict-of-interest waivers must be signed by the minors’ legal guardians,
in addition to the minors’ guardians ad litem. The guardians ad litem will advise the court
concerning the best interests of the minors in these proceedings, but they do not have authority

The court understands that Jaden Vidana is now an adult, which is why he does not have a
guardian at litem. If that is incorrect, Lein should notify the court promptly.

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to initiate or maintain litigation on behalf of the minors or to otherwise make legal decisions
for the minors. So the court will give Lein a deadline to submit waivers signed by both the
guardians ad litem and the legal guardians of the minors. The personal representatives may
sign for the estates and Jaden Vidana may sign on his own behalf.
As for the qualifications of the guardians ad litem, Lein identified three new candidates:
(1) Kyle Torvinen of Torvinen Jones & Saunders SC for the Vidana minors; (2) Timothy Eiden
of Eiden & Hatfield, LLC, for the Hopinka minors; and (3) Robert Barnes of McCarthy &
Barnes, PLC for Kendrick Decorah. Each of the candidates is an attorney with experience in
evaluating damages in wrongful death and personal injuries and in handling proceeds for
minors. Dkts. 49–52. The court will construe these submissions as a motion to appoint the
candidates as guardians ad litem, and the court will grant the motion.2
As for the personal representatives, Lein has identified Jaclyn Carriga as the new
personal representative for the Vidana estate. Dkt. 54. The court will construe that document
as a motion to substitute Carriga for Curtiss N. Lien and will grant the motion.

ORDER
IT IS ORDERED that:
1. No later than February 15, 2024, Matthew Lein is to submit the following
documents to the court ex parte: (1) a retainer agreement signed by Kendrick
Decorah’s legal guardian; (2) conflict-of-interest waivers signed by all parties or their
legal representatives as discussed in this opinion; and (3) a retainer agreement with
Robert Barnes. If Lein does not provide a retainer agreement for Kendrick Decorah
by February 15, the court will dismiss Kendrick Decorah from the case.

Lein submitted two curricula vitae for Barnes rather than a retainer agreement. Dkt. 49 and
Dkt. 50. The court requests that Lein submit an agreement for Barnes when he submits the
other documents the court has requested.

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2. Kyle Torvinen of Torvinen Jones & Saunders SC is appointed as the guardian ad
litem for Jordan Vidana, Jr., Jaylen Vidana, and Sander King.
3. Timothy Eiden of Eiden & Hatfield, LLC, is appointed as the guardian ad litem for
No-Ko-Selvs-Te Hopinka Whitecloud and He-Les-Wv-Cexi-Wi HopinkaWhitecloud.
4. Robert Barnes of McCarthy & Barnes, PLC is appointed as the guardian ad litem
for Kenrick Decorah.
5. Jaclyn Carriga is substituted for Curtis N. Lein as the personal representative of the
Estate of Jordan Vidana.
Entered February 5, 2024.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

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