Hernandez v. United States of America

8 UNITED STATES DISTRICT COURT 9 FOR THE SOUTHERN DISTRICT OF CALIFORNIA Case No. 19cv1457 AJB-AGS HENRY MORA HERNANDEZ, individually and as Special ORDER GRANTING AMENDED Administrator of the Estate of Sergio PETITION FOR APPOINTMENT Mora Hernandez; and KOTHAN OF GUARDIAN AD LITEM MORA HERNANDEZ, a minor, by and (FRCP § 17(c)(2)) through his Guardian Ad Litem, Irlanda Hernandez Echeverria, (Doc. No. 6) 15 Plaintiffs, v. UNITED STATES OF AMERICA, by and through the UNITED STATES POSTAL SERVICE; and ERICKA MARIE DOTSON, an individual, Defendants.

1 PETITIONER, minor child KOTHAN MORA HERNANDEZ, by and | through his mother, Irlanda Hernandez Echeverria, filed an amended petition | for the appointment of a guardian ad litem. (Doc. No. 5.)

4 “District courts have a special duty, derived from Federal Rule of Civil | Procedure 17(c), to safeguard the interests of litigants who are minors.”

6 | Robidoux v. Rosengren, 638 F.3d 1177, 1181 (9th Cir. 2011). Rule 17 provides | that “[t]he court must appoint a guardian ad litem—or issue another appropriate | order—to protect a minor or incompetent person who is unrepresented in an | action.” Fed. R. Civ. P. 17(c)(2).

10 The decision to appoint a guardian ad litem “must normally be left to the | sound discretion of the trial court.” United States v. 30.64 Acres of Land, 795 | F.2d 796, 804 (9th Cir. 1986).

13 Petitioner Irlanda Hernandez Echeverria petitions the Court to appoint | her as guardian ad litem to her minor child, Plaintiff KOTHAN MORA 15 HERNANDEZ. Plaintiff KOTHAN MORA HERNANDEZ is a minor, born | January 7, 2005. Petitioner states that she is the biological mother to Plaintiff 17. | KOTHAN MORA HERNANDEZ, and that she will represent his best interests | and has no interests adverse to or in conflict with Plaintiff KOTHAN MORA | HERNANDEZ.

20 Finding good cause, the Court grants the petition (Doc. No. 5) and 21 appoints Irlanda Hernandez Echeverria guardian ad litem of KOTHAN MORA | HERNANDEZ, a minor and plaintiff to this action.

23 IT IS SO ORDERED.

35 Dated: August 19, 2019 United States District Judge ORDER APPOINTING GUARDIAN AD -|- Mora Hernandez v. United States, et al.