United States District Court for the Eastern District of California, 2020

E.E. v. Norris School District

E.E. v. Norris School District
United States District Court for the Eastern District of California · Decided September 16, 2020
E.E. v. Norris School District

Trial Court Opinion

wOoOe 4:OU VV VR MMIC OP NO Ee AY tt 3 UNITED STATES DISTRICT COURT 4 EASTERN DISTRICT OF CALIFORNIA | E.E., a minor, by and through his guardian CASE NO. 1:20-CV-1291 AWI JLT ad litem, LAURA HUTCHINSON- | ESCOBEDO; CHRISTOPHER ORDER RE: MOTION FOR ESCOBEDO; and LAURA APPOINTMENT OF GUARDIAN AD | HUTCHINSON-ESCOBEDO LITEM 9 Plaintiffs 10 Vv.

11 | NORRIS SCHOOL DISTRICT, (Doc. 4) 12 Defendant 14 Plaintiff Laura Hutchison-Escobedo has filed a motion seeking to be appointed guardian ad | litem for her child E.E. who is 7 years old. Doc. 4. Fed. R. Civ. Proc. 17(c)(1)(A) allows a | “general guardian” to “sue or defend on behalf of a minor” without the appointment of a guardian | ad litem. Case law has made clear that “[A] parent is a guardian who may so sue.”” Doe v. Weed | Union Elementary Sch. Dist., 2013 U.S. Dist. LEXIS 82850, *1 (E.D. Cal. June 12, 2013), quoting | Cmtys. for Equity v. Mich. High Sch. Athletic Ass’n, 26 F. Supp. 2d 1001, 1006 (W.D. Mich. | 1998). However, in an abundance of caution, the motion is granted.

21 IT IS SO ORDERED that Laura Hutchison-Escobedo is appointed guardian ad litem for | her child, E.E., a minor, in this action.

IT IS SO ORDERED.

25 | Dated: _ September 15, 2020 : : "SENIOR DISTRICT JUDGE

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