Pottier v. United States of America ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MARIE-PIERRE POTTIER, et al., ) Case No.: 1:21-cv-01138-AWI-BAM ) 12 Plaintiffs, ) ORDER GRANTING APPLICATION FOR ) APPOINTMENT OF MARIE-PIERRE 13 v. ) POTTIER AS GUARDIAN AD LITEM FOR ) ELODIE POTTIER 14 UNITED STATES OF AMERICA, ) 15 ) (Doc. No. 3) Defendant. ) 16 ) ) 17 ) 18 19 On July 28, 2021, Plaintiff Marie-Pierre Pottier, through counsel, submitted an application for a 20 court order appointing Marie-Pierre Pottier as guardian ad litem for minor Plaintiff Elodie Pottier. (Doc. 21 No. 3.) 22 “District courts have a special duty, derived from Federal Rule of Civil Procedure 17(c), to 23 safeguard the interests of litigants who are minors.” Robidoux v. Rosengren, 638 F.3d 1177, 1181 (9th 24 Cir. 2011). Rule 17 provides that “[t]he court must appoint a guardian ad litem—or issue another 25 appropriate order—to protect a minor or incompetent person who is unrepresented in an action.” Fed. 26 R. Civ. P. 17(c)(2). 27 Local Rule 202(a) of this Court further states, in pertinent part: 28 1 Upon commencement of an action or upon initial appearance in defense of an action by or on behalf of a minor . . . the attorney representing the minor or incompetent person shall 2 present . . . a motion for the appointment of a guardian ad litem by the Court, or . . . a showing satisfactory to the Court that no such appointment is necessary to ensure adequate 3 representation of the minor or incompetent person. 4 See L.R. 202(a). The decision to appoint a guardian ad litem “must normally be left to the sound 5 discretion of the trial court.” United States v. 30.64 Acres of Land, 795 F.2d 796, 804 (9th Cir. 6 1986). 7 By the application and supporting declarations, Plaintiffs seek to have the court appoint Plaintiff 8 Marie-Pierre Pottier as the guardian ad litem for minor plaintiff Elodie Pottier. Ms. Pottier is the mother 9 of Elodie Pottier. She alleges she is competent and willing to act as a guardian for the purpose of this 10 action. (Doc. No. 3 at 2.) 11 Finding good cause, IT IS HEREBY ORDERED that Plaintiff Marie-Pierre Pottier is appointed 12 as guardian ad litem for minor Plaintiff Elodie Pottier in this action. 13 14 IT IS SO ORDERED. 15 16 Dated: January 7, 2022 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28