A.C. v. J.C.

United States District Court for the Southern District of California

A.C. v. J.C.

Trial Court Opinion

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 SOUTHERN DISTRICT OF CALIFORNIA 8 9 A.C., a minor, Case No.: 3:21-cv-1989-L-DEB

10 Plaintiff,

11 v. ORDER ON PETITION TO 12 SAN DIEGUITO UNION HIGH APPOINT GUARDIAN AD LITEM 13 SCHOOL DISTRICT, AND MOTION TO SEAL 14 Defendant. 15 Pending before the Court is a petition to appoint a guardian ad litem under Federal 16 Rule of Civil Procedure 17 and a motion to seal the unredacted petition. 17 “Courts have a special duty . . . to safeguard the interests of litigants who are 18 minors.” Robidoux v. Rosengren,

638 F.3d 1177, 1181

(9th Cir. 2011); Davis v. Walker, 19

745 F.3d 1303, 1310

(9th Cir. 2014). Federal Rule of Civil Procedure 17(c) requires a 20 court to appoint guardian ad litem or take “whatever measures it deems proper to protect 21 [a minor] during litigation.” United States v. 30.64 Acres of Land,

795 F.2d 796, 805

(9th 22 Cir. 1986); Fed. R. Civ. P. 17(c) (a court “must appoint a guardian ad litem—or issue 23 another appropriate order—to protect a minor . . . who is unrepresented in the action.”) 24 A.C., a minor, is a student at the San Dieguito Union High School. This action 25 relates to A.C.’s individualized education program. (ECF 1). A.C.’s mother, the proposed 26 guardian ad litem and the current educational rights holder for A.C., has no adverse 27 interests and is able to prosecute this action on A.C.’s behalf. (ECF 4). For these reasons, 28 1 ||the Court GRANTS the petition. A.C.’s mother is appointed guardian ad litem for 2 || purposes of this action. The Court also GRANTS A.C.’s motion to seal the unredacted 3 || petition, which contains the minor’s name. 4 IT IS SO ORDERED. 5 Dated: January 14, 2022 pee ep? 7 H . James Lorenz, 3 United States District Judge

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Reference

Status
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