G.C. v. San Diego Unified School District ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 G.C., an individual, Case No.: 3:21-cv-19-L-BGS 12 Plaintiff, 13 v. ORDER GRANTING PLAINTIFF’S PETITION TO APPOINT A 14 SAN DIEGO UNIFIED SCHOOL GUARDIAN AD LITEM [DOC. NO. 15 DISTRICT, 9] 16 Defendant. 17 Pending before the Court is Plaintiff’s motion to appoint Linda Clark as guardian 18 ad litem. (Doc. No. 9). 19 The evidence submitted with the petition indicates Plaintiff lacks the capacity to 20 understand the nature or consequence of the lawsuit. And it shows he is unable to assist 21 counsel in preparation of the case. Federal Rule of Civil Procedure 17(c) therefore 22 applies to Plaintiff. Linda Clark - Plaintiff’s mother - is willing and able to serve as 23 guardian ad litem. For these reasons, the Court GRANTS the petition to appoint Linda 24 Clark as guardian ad litem for the purposes of this case. See Fed. R. Civ. P. 17(c); 25 Robidoux v. Rosengren, 638 F.3d 1177, 1181 (9th Cir. 2011); Davis v. Walker, 745 F.3d 26 1303, 1310 (9th Cir. 2014). 27 28 1 In support of the petition, Plaintiff submitted medical and educational records. 2 || After a review of the material, the Court finds there are compelling reasons to seal the 3 ||exhibits. Nixon v. Warner Commc'ns, Inc., 435 U.S. 589, 597 (1978); Pintos v. Pac. 4 || Creditors Ass'n, 605 F.3d 665, 677 (9th Cir. 2010) (setting forth standard on sealing 5 || judicial records); Kamakana v. City & Cty. of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 6 2006). The petition itself also contains several excerpts from the exhibits. 7 The Court therefore sua sponte DIRECTS the Clerk to file under seal Doc. No. 9 8 || including 9-1, 9-2, 9-3, and 9-4). 9 IT IS SO ORDERED. 10 Dated: April 1, 2021 1 fee fp 12 H . James Lorenz, 3 United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28