I.W. v. Clovis 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 I.W., a minor, by and through his mother, Case No. 1:24-cv-01074-JLT-BAM Ruth Aguirre, 12 ORDER GRANTING PETITION FOR Plaintiff, APPOINTMENT OF RUTH AGUIRRE AS 13 GUARDIAN AD LITEM v. 14 (Doc. 2) CLOVIS UNIFIED SCHOOL DISTRICT, 15 Defendant. 16 17 Plaintiff I.W., proceeding with counsel, initiated this action on September 11, 2024, 18 against Defendant Clovis Unified School District. (Doc. 1.) Currently before the Court is the 19 petition for appointment of Ruth Aguirre, Plaintiff’s mother, as guardian ad litem for Plaintiff 20 I.W., a minor. (Doc. 2.) 21 Federal Rule of Civil Procedure 17 provides that “[t]he court must appoint a guardian ad 22 litem—or issue another appropriate order—to protect a minor or incompetent person who is 23 unrepresented in an action.” Fed. R. Civ. P. 17(c)(2). This requires a district court to take 24 whatever measures it deems proper to protect the individual during litigation. United States v. 25 30.64 Acres of Land, 795 F.2d 796, 805 (9th Cir. 1986). In pertinent part, Local Rule 202(a) of 26 this Court further states: 27 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 28 the minor or incompetent person shall present . . . a motion for the appointment of 1 a guardian ad litem by the Court, or . . . a showing satisfactory to the Court that no such appointment is necessary to ensure adequate representation of the minor or 2 incompetent person. 3 See L.R. 202(a). The decision to appoint a guardian ad litem “must normally be left to the sound 4 discretion of the trial court.” 30.64 Acres, 795 F.2d at 804. 5 “[W]hen a parent brings an action on behalf of a child, and it is evident that the interests 6 of each are the same, no need exists for someone other than the parent to represent the child’s 7 interests under Rule 17(c).” H.D.A. v. County of Stanislaus, No. 1:22-cv-00384-DAD-SAB, 2022 8 WL 992990, at *1 (E.D. Cal. Apr. 1, 2022) (quoting Gonzalez v. Reno, 86 F. Supp. 2d 1167, 1185 9 (S.D. Fla.), aff'd, 212 F.3d 1338 (11th Cir. 2000)). “While a parent is generally appointed as a 10 guardian ad litem, there are situations where the best interests of the minor and the interests of the 11 parent conflict.” Id. (citing Anthem Life Ins. Co. v. Olguin, No. 1:06-cv-01165 AWI NEW (TAG), 12 2007 WL 1390672, at *2 (E.D. Cal. May 9, 2007)). Therefore, a parent is not entitled as a matter 13 of right to act as guardian ad litem for the child. Id. 14 The Court has considered the petition and finds no apparent conflict that would preclude 15 Plaintiff’s mother from serving as guardian ad litem. The supporting declaration from Ruth 16 Aguirre indicates the following: (1) she is the mother of Plaintiff I.W., a minor; (2) she is fully 17 competent and responsible to prosecute the action for Plaintiff; (3) she consents to the 18 appointment as guardian ad litem; and (4) she has no interest adverse to the rights of Plaintiff. 19 (Doc. 2, Declaration of Ruth Aguirre at ¶¶ 1, 6-7.) 20 Accordingly, IT IS HEREBY ORDERED that Ruth Aguirre is appointed in this action as 21 guardian ad litem for Plaintiff I.W. 22 IT IS SO ORDERED. 23 24 Dated: September 17, 2024 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 25 26 27 28