H. v. California Exposition & State Fair ( 2022 )


Menu:
  • 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 E.H., et al., No. 2:22-cv-01844-DAD-DB 12 Plaintiffs, 13 v. ORDER APPOINTING GUARIAN AD LITEM 14 CALIFORNIA EXPOSITION & STATE FAIR, et al., (Doc. No. 4) 15 Defendants. 16 17 18 On May 23, 2019, plaintiff Cynthia Martin filed an ex parte motion to be appointed 19 guardian ad litem for plaintiff E.H. for purposes of this action. (Doc. No. 4.) 20 “District courts have a special duty, derived from Federal Rule of Civil Procedure 17(c), 21 to safeguard the interests of litigants who are minors.” Robidoux v. Rosengren, 638 F.3d 1177, 22 1181 (9th Cir. 2011). Rule 17 provides that “[t]he court must appoint a guardian ad litem—or 23 issue another appropriate order—to protect a minor or incompetent person who is unrepresented 24 in an action.” Fed. R. Civ. P. 17(c)(2). Local Rule 202(a) of this court further states, in pertinent 25 part: Upon commencement of an action or upon initial appearance in 26 defense of an action by or on behalf of a minor . . . the attorney representing the minor or incompetent person shall present . . . a 27 motion for the appointment of a guardian ad litem by the Court, or . . . a showing satisfactory to the Court that no such appointment is 28 necessary to ensure adequate representation of the minor or 1 incompetent person. See Fed. R. Civ. P. 17(c). 2 || The decision to appoint a guardian ad litem “must normally be left to the sound discretion of the 3 | trial court.” United States v. 30.64 Acres of Land, 795 F.2d 796, 804 (9th Cir. 1986). 4 Plaintiff Martin seeks to be appointed as the guardian ad litem to plaintiff E.H., a minor 5 || child. Plaintiff Martin states that she is the biological mother of plaintiff E.H., that she maintains 6 | sole custody of plaintiff E.H., that she is prepared to protect the interests of plaintiff E.H. to the 7 | best of her ability, and that she has no conflicts of interest that would prevent her appointment as 8 | guardian ad litem of E.H. (Doc. No. 4-1 at 1.) Finding good cause, the court grants plaintiff 9 || Martin’s motion (Doc. No. 4) and appoints plaintiff Cynthia Martin as guardian ad litem of E.H., 10 || a minor and plaintiff in this action. IT IS SO ORDERED. | Dated: _ October 22, 2022 Dab A. 2, ayel 13 UNITED STATES DISTRIC¥ JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Document Info

Docket Number: 2:22-cv-01844

Filed Date: 10/24/2022

Precedential Status: Precedential

Modified Date: 6/20/2024