Doe v. Mariposa County Unified School District ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN DOE, a minor, by and through his Case No. 1:24-cv-01033-BAM Guardian Ad Litem, JANE DOE, 12 ORDER GRANTING PLAINTIFF’S Plaintiff, ADMINISTRATIVE MOTION TO 13 APPOINT JANE DOE AS GUARDIAN AD v. LITEM OF JOHN DOE, A MINOR 14 MARIPOSA COUNTY UNIFIED (Doc. 2) 15 SCHOOL DISTRICT, et al., 16 Defendants. 17 18 Plaintiff, proceeding with counsel, initiated this action on August 29, 2024, against 19 Defendants Mariposa County Unified School District, Pierce Chaney, and Roes 1-30. (Doc. 1.) 20 On the same date, Plaintiff filed the following: (1) an administrative motion to appoint Jane Doe, 21 Plaintiff’s mother, as the Guardian ad Litem of Plaintiff John Doe, a minor; and (2) an ex parte 22 motion requesting permission to proceed under pseudonyms for Plaintiff and his Guardian ad 23 Litem. (Docs. 2, 3.) By contemporaneous order, the Court has granted the ex parte motion 24 requesting permission for both Plaintiff and his Guardian ad Litem to proceed under the 25 pseudonyms “John Doe” and “Jane Doe,” respectively. (Doc. 3.) The instant order addresses the 26 administrative motion to appoint Jane Doe, Plaintiff’s mother, as Guardian ad Litem. (Doc. 2.) 27 /// 28 /// 1 Federal Rule of Civil Procedure 17 provides that “[t]he court must appoint a guardian ad 2 litem—or issue another appropriate order—to protect a minor or incompetent person who is 3 unrepresented in an action.” Fed. R. Civ. P. 17(c)(2). This requires a district court to take 4 whatever measures it deems proper to protect the individual during litigation. United States v. 5 30.64 Acres of Land, 795 F.2d 796, 805 (9th Cir. 1986). In pertinent part, Local Rule 202(a) of 6 this Court further states: 7 Upon commencement of an action or upon initial appearance in defense of an action by or on behalf of a minor or incompetent person, the attorney representing 8 the minor or incompetent person shall present . . . a motion for the appointment of a guardian ad litem by the Court, or . . . a showing satisfactory to the Court that no 9 such appointment is necessary to ensure adequate representation of the minor or incompetent person. 10 11 See L.R. 202(a). The decision to appoint a guardian ad litem “must normally be left to the sound 12 discretion of the trial court.” 30.64 Acres, 795 F.2d at 804. 13 “[W]hen a parent brings an action on behalf of a child, and it is evident that the interests 14 of each are the same, no need exists for someone other than the parent to represent the child’s 15 interests under Rule 17(c).” H.D.A. v. County of Stanislaus, No. 1:22-cv-00384-DAD-SAB, 2022 16 WL 992990, at *1 (E.D. Cal. Apr. 1, 2022) (quoting Gonzalez v. Reno, 86 F. Supp. 2d 1167, 1185 17 (S.D. Fla.), aff'd, 212 F.3d 1338 (11th Cir. 2000)). “While a parent is generally appointed as a 18 guardian ad litem, there are situations where the best interests of the minor and the interests of the 19 parent conflict.” Id. (citing Anthem Life Ins. Co. v. Olguin, No. 1:06-cv-01165 AWI NEW (TAG), 20 2007 WL 1390672, at *2 (E.D. Cal. May 9, 2007)). Therefore, a parent is not entitled as a matter 21 of right to act as guardian ad litem for the child. Id. 22 The Court has considered the motion and finds no apparent conflict that would preclude 23 Plaintiff’s mother from serving as guardian ad litem. The supporting declaration from Jane Doe 24 indicates the following: (1) she is the parent of Plaintiff, a minor, (2) Plaintiff currently lives with 25 her, (3) she is fully competent to understand and protect the rights of Plaintiff, (4) she is willing to 26 act as Plaintiff’s guardian ad litem, and (5) she has no interest adverse to Plaintiff. (See Doc. 2-1, 27 Declaration of Jane Doe at 2.) 28 /// 1 Accordingly, IT IS HEREBY ORDERED that Jane Doe, Plaintiff’s mother, is appointed 2 in this action as guardian ad litem for Plaintiff John Doe. 3 IT IS SO ORDERED. 4 5 Dated: September 9, 2024 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28