National American Insurance Company v. Iris Rodriguez ( 2020 )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO NATIONAL AMERICAN INSURANCE COMPANY, Plaintiff, v. Case No. 2:19-cv-1020-KG-CG IRIS RODRIQUEZ, as the Personal Representative of the ESTATE OF CHAD ZACK RODRIQUEZ. Defendants. CONSOLIDATED WITH: IRIS RODRIQUEZ, personally and on behalf of the ESTATE OF CHAD RODRIQUEZ, deceased, and as natural guardian and next friend of CHEVY ALAN RODRIQUEZ and LILLIE ROSE RODRIQUEZ, minors, Plaintiffs, v. Case No. 2:19-cv-1040-CG-KRS NATIONAL AMERICAN INSURANCE COMPANY, GULF INTERSTATE FIELD SERVICES, INC., and GULF INTERNATIONAL CORPORATION, and TYLER SWAFFORD or JOHN DOE the PERSONAL REPRESENTATIVE of the ESTATE OF RICKY SWAFFORD, deceased. Defendants. ORDER APPOINTING TEMPORARY GUARDIAN AD LITEM THIS MATTER coming before the Court on the Joint Motion of the Parties for the appointment of a temporary Guardian Ad Litem, and the Court having reviewed the Motion and being advised in the premises, FINDS THAT: Appointment of a Guardian Ad Litem is necessary because Alan Rodriguez, a minor, and Lillie Rose Rodriguez, a minor, will receive a settlement as a result of the death of their father in an accident occurring on or about October 25, 2017. As such good cause exists for the appointment of a Guardian Ad Litem to investigate, on behalf of the Court, the issues raised in the above-styled and numbered cause, to report to the Court on the Guardian Ad Litem’s conclusions, and to take whatever action is necessary and appropriate to effectuate that end. IT IS THEREFORE, ORDERED, ADJUDGED AND DECREED that: 1. Cord Borner, an attorney at law and member of the New Mexico District Federal Bar, is hereby appointed as temporary Guardian Ad Litem to act on behalf of Alan Rodriguez, a minor, and Lillie Rose Rodriguez, a minor. Said Guardian Ad Litem shall act as an arm of this Court and shall have judicial immunity and no personal or legal liability of any kind to any person or entity arising out of the performance of his duties as Guardian Ad Litem. 2. The court-appointed Guardian Ad Litem shall be deemed a party entitled to participate, to have notice of all proceedings, and to receive copies of all pleadings and correspondence among the parties. 3. The Guardian Ad Litem shall be deemed an arm and friend of the Court and is appointed to assist the Court in discharging its duties to the minor children, who are beneficiaries of the Wrongful Death Estate of Chad Rodriguez. The Guardian Ad Litem shall conduct an independent investigation of all matters relevant to the issues in this cause, shall report to the parties and to the Court the Guardian Ad Litem’s conclusions with respect to such investigation, and shall undertake whatever formal or other actions are deemed necessary or appropriate. 4. At any hearing in this case, the Guardian Ad Litem will be entitled to testify as a witness or may informally report to the Court on the nature and scope of the investigation, conclusions and recommendations regarding both the fairness and reasonableness of the proposed settlement and the manner in which the settlement monies shall be held/used on behalf of the minor child. 5. The Guardian Ad Litem shall have access to relevant records regarding the accident which occurred on October 25, 2017, the resulting death of Chad Rodriguez and damages suffered by the minor children, and any other documents which are relevant to the Guardian Ad Litem’s investigation of this matter. 6. There are strong public policy reasons to grant immunity to the Guardian Ad Litem in this case, who is acting as an “Arm of the Court” as the Judge’s assistant, and is performing an essential role in this Court’s administration of justice. Accordingly, all immunities and privileges available to the Guardian Ad Litem, as articulated by the New Mexico Supreme Court in Collins v. Tabet, 111 NM 391, 806 P.2d 40 (1991), shall be extended to the Guardian Ad Litem in this matter. Cord Borner, Attorney at Law, shall be absolutely immune from any liability for any actions taken pursuant to this appointment, insofar as the Guardian Ad Litem’s conduct in this case involves an investigation on behalf of this Court into the fairness and reasonableness of the settlement and the manner in which the settlement monies will be held/used on behalf of the minor child. 7. The Guardian Ad Litem’s duties and obligations in this case are owed to the Court and not to the minor child. 8. Costs and fees of the Guardian Ad Litem are to be paid solely by Defendants’ insurance carriers on behalf of Defendants Gulf International Corporation and Gulf Interstate Field Services, Inc. National American Insurance Company shall not bear any costs associated with the appointment or work of the Guardian Ad Litem 2-411 — UNITED STATES DISTRIC DGE APPROVED: Electronic Approval Clayton Hightower, Esq. Sanders, Bruin, Coll & Worley, P.A. 701 West Country Club Road Roswell, NM 88201 and Electronic Approval Charles Currier PO Box 640 Roswell, NM 88202-0640 (575) 808-9974 charlescurrier73 @ gmail.com Attorneys for Rodriguez Law Offices of Suzana Skrabo /s/ Timothy C. Callaway Timothy Callaway Attorneys for Defendants Gulf 5670 Greenwood Plaza Blvd., Suite 400 Greenwood Village, CO 85012 303-860-0285 Childress Law Firm __Electronic Approval____ Ronald Childress 8500 Menaul Blvd NE Ste A225 Albuquerque, NM 87112-2272 (505) 883-8555 ron@childresslawfirm.com __Electronic Approval__ Cord Borner Guardian Ad Litem Atwood Malone Turner & Sabin PA PO Box 700 Roswell, NM 88202-0700 (575) 622-6221 cborner@atwoodmalone.com APPROVED AS TO FORM: ___Electronic Approval_____ Jennifer A. Noya, Esq. Modrall, Sperling, Roehi, Harris & Sisk, P.A. P.O. Box 2168 Albuquerque, NM 87103-2168 Attorney for NAICO