K.M. ex rel. Markham v. Tehachapi Unified School District, 1:17-cv-1431-LJO-JLT. (2018)
Court: District Court, E.D. California
Number: infdco20180627805
Visitors: 5
Filed: Jun. 26, 2018
Latest Update: Jun. 26, 2018
Summary: ORDER DIRECTING BRENDA MARKHAM TO FILE A MOTION TO PROCEED AS GUARDIAN AD LITEM FOR MINOR PLAINTIFF K.M. JENNIFER L. THURSTON , Magistrate Judge . In the complaint filed in this action, Brenda Markham indicated that she is the mother of Plaintiff K.M. and would be proceeding as her guardian in this action. ( See Doc. 2 at 1, 7) Pursuant to Local Rule 202, 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
Summary: ORDER DIRECTING BRENDA MARKHAM TO FILE A MOTION TO PROCEED AS GUARDIAN AD LITEM FOR MINOR PLAINTIFF K.M. JENNIFER L. THURSTON , Magistrate Judge . In the complaint filed in this action, Brenda Markham indicated that she is the mother of Plaintiff K.M. and would be proceeding as her guardian in this action. ( See Doc. 2 at 1, 7) Pursuant to Local Rule 202, 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 ..
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ORDER DIRECTING BRENDA MARKHAM TO FILE A MOTION TO PROCEED AS GUARDIAN AD LITEM FOR MINOR PLAINTIFF K.M.
JENNIFER L. THURSTON, Magistrate Judge.
In the complaint filed in this action, Brenda Markham indicated that she is the mother of Plaintiff K.M. and would be proceeding as her guardian in this action. (See Doc. 2 at 1, 7) Pursuant to Local Rule 202,
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 the minor or incompetent person shall present (1) appropriate evidence of the appointment of a representative for the minor or incompetent person under state law or (2) a motion for the appointment of a guardian ad litem by the Court, or, (3) a showing satisfactory to the Court that no such appointment is necessary to ensure adequate representation of the minor or incompetent person.
Id. (citing Fed. R. Civ. P. 17(c)). Here, though the complaint indicates a guardian is necessary for K.M., no motion for appointment of a guardian ad litem was filed by Ms. Markham. Because the claims of K.M. may only be brought "by a next friend or a guardian ad litem," a guardian must be appointed to protect her interests. See Fed. R. Civ. P. 17(c)(2).
Accordingly, the Court ORDERS: Plaintiffs SHALL file a motion for Ms. Markham to be appointed as guardian ad litem for minor plaintiff K.M. no later than July 12, 2018.
IT IS SO ORDERED.
Source: Leagle
