J.M. v. Tulare City School District ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 J.M., a minor, by and through his guardian Case No. 1:21-cv-01766-NONE-EPG ad litem Farrah McWilliams, 12 ORDER DENYING APPLICATION OF Plaintiff, FARRAH MCWILLIAMS FOR 13 APPOINTMENT AS GUARDIAN AD v. LITEM FOR J.M., A MINOR, WITHOUT 14 PREJUDICE TULARE CITY SCHOOL DISTRCT, 15 (ECF No. 2) Defendant. 16 17 On December 14, 2021, J.M., a minor, filed this action against the Tulare City School 18 District. (ECF No. 1). Before the Court is Farrah McWilliams’ application to be appointed as 19 guardian ad litem for J.M. (ECF No. 2.) Because the application does not comply with Local Rule 20 202, the Court will deny the application without prejudice. 21 I. LEGAL STANDARDS 22 Under Federal Rule of Civil Procedure 17(c)(2), “[a] minor or an incompetent person who 23 does not have a duly appointed representative may sue by a next friend or by a guardian ad 24 litem.” Fed. R. Civ. P. 17(c)(2). Local Rule 202 further states, in pertinent part: 25 (a) Appointment of Representative or Guardian. Upon commencement of an 26 action or upon initial appearance in defense of an action by or on behalf of a minor or incompetent person, the attorney representing the minor or 27 incompetent person shall present (1) appropriate evidence of the appointment of a representative for the minor or incompetent person under state law or (2) a 28 motion for the appointment of a guardian ad litem by the Court, or, (3) a 1 showing satisfactory to the Court that no such appointment is necessary to ensure adequate representation of the minor or incompetent person. See Fed. 2 R. Civ. P. 17(c). 3 . . . 4 (c) Disclosure of Attorney’s Interest. When the minor or incompetent is represented by an attorney, it shall be disclosed to the Court by whom and the 5 terms under which the attorney was employed; whether the attorney became involved in the application at the instance of the party against whom the 6 causes of action are asserted, directly or indirectly; whether the attorney stands in any relationship to that party; and whether the attorney has received 7 or expects to receive any compensation, from whom, and the amount. 8 E.D. Cal. L.R. 202. The decision to appoint a guardian ad litem “must normally be left to the 9 sound discretion of the trial court.” United States v. 30.64 Acres of Land, 795 F.2d 796, 804 9th 10 Cir. 1986). 11 II. DISCUSSION 12 The application was filed upon commencement of this action and states that Plaintiff J.M. 13 is a minor and was born on July 31, 2016. (ECF No. 2.) J.M. has no general guardian and no 14 previous petition for appointment of a guardian ad litem has been filed in this matter. (Id.) Farrah 15 McWilliams is J.M.’s mother, primary caretaker, and education rights holder. (Id.) Mrs. 16 McWilliams resides in Tulare, California, and is fully competent to act as J.M.’s guardian ad 17 litem. (Id.) She does not have any interests adverse to J.M. and is not connected in business with 18 the proposed adverse party. (Id.) Mrs. McWilliams is fully competent and responsible to 19 prosecute this action for J.M. (Id.) 20 The application does not comply with Local Rule 202(c). Although J.M. has appeared 21 through counsel in this matter, the application does not disclose the terms under which the 22 attorney was employed; whether the attorney became involved in the application at the insistence 23 of the defendant, directly or indirectly; whether the attorney stands in any relationship to the 24 defendant; and whether the attorney has received or expects to receive any compensation, from 25 whom, and the amount. E.D. Cal. L.R. 202(c). The Court will therefore deny the application 26 without prejudice to refiling an application that complies with Local Rule 202. 27 /// 28 /// 1 I. CONCLUSION AND ORDER 2 For the foregoing reasons, it is HEREBY ORDERED that Farrah McWilliams’ 3 | application (ECF No. 2) to be appointed as guardian ad litem for J.M. is DENIED without 4 | prejudice. 5 6 IT IS SO ORDERED. | Dated: _ December 16, 2021 [see hey g UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28