J.F. v. San Diego County Unified School

8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA J.F., a minor, individually and on behalf of Case No.: 19-CV-2495-CAB-LL a proposed class, ORDER DENYING AMENDED Plaintiff, 13 PETITION FOR APPOINTMENT OF v. GUARDIAN AD LITEM SAN DIEGO COUNTY UNIFIED SCHOOL DISTRICT, [Doc. No. 5] Defendant.

This matter is before the Court on an amended petition by Alexandra Feiles and Aron Feiles to be appointed as guardians ad litem for minor plaintiff J.F. The amended petition states that petitioners are J.F.’s parents and general guardians. As such, the appointment of petitioners as guardians ad litem is not mandatory because “[Federal Rule of Civil Procedure] 17(c)(1)(A) permits a ‘general guardian’ to sue in federal court on behalf of a minor, and a parent is a guardian who may so sue.” See Doe ex rel. Sisco v. Weed Union Elementary Sch. Dist., No. 2:13-CV-01145-GEB, 2013 WL 2666024, at *1 (E.D. Cal. June 12, 2013) (internal quotation marks and citation omitted). Because the Court is comfortable that petitioners, as J.F.’s parents and general guardians, will adequately protect J.F.’s interests, the case may proceed as permitted by Rule 17(c)(1)(A). Accordingly, it is 1 hereby ORDERED that the petition is DENIED. Issues concerning appointment of a || guardian ad litem for any putative class members can be revisited in class certification || briefing.

4 It is SO ORDERED.

5 || Dated: January 7, 2020 € □ Hon. Cathy Ann Bencivengo 7 United States District Judge