1 Colleen A. Snyder (SB No. 274064) Snyder & Shaw LLP 2 3220 S. Higuera Street, Suite 220 San Luis Obispo, CA 93401 3 Telephone: (805) 439-4646 4 Facsimile: (805) 301-8030 [email protected] 5 Attorney for Plaintiff 6

7

8 UNITED STATES DISTRICT COURT

9 NORTHERN DISTRICT OF CALIFORNIA

10 M.C., a conserved adult; by and through his CASE NO.: 1:24-cv-08680 11 conservator, Amy Dorsey, [PROPOSED] ORDER APPOINTING 12 Plaintiff, GUARDIAN AD LITEM

13 v. 14 Del Norte Unified School District, 15 Defendant. 16

17 On December 3, 2024, Amy Dorsey, as conservator of M.C., a disabled adult, and 18 Defendant Del Norte Unified School District (“the District”), filed a Joint Petition for Approval 19 of Minor’s Compromise. The same day, Plaintiff M.C. filed a petition to appoint his mother, 20 Amy Dorsey, as guardian ad litem to represent him in this matter. 21 “To maintain a suit in a federal court, a child or mental incompetent must be represented 22 by a competent adult.” Doe ex rel. Sisco v. Weed Union Elementary School Dist., 2:13-cv- 23 01145,

at *1 (E.D. Cal. June 12, 2013) (citation omitted). Rule 17(c) governs 24 the appearance of minors and incompetent persons in federal court. Rule 17(c)(1) prescribes: 25 “The following representative may sue or defend of behalf of a minor or incompetent person: (A) 26 a general guardian; (B) a committee; (C) a conservator; or (D) a like fiduciary.” Rule 17(c)(2) 27 states that, “[a] minor or an incompetent person who does not have a duly appointed 28 1 guardian ad litem — or issue another appropriate order — to protect a minor or incompetent 2 || person who is unrepresented in an action.” 3 A court has broad discretion in ruling on a guardian ad litem application. Basque v. Cty. 4 || of Placer,

at *2 (E.D. Cal. July 26, 2017). In general, a parent is 5 presumed to act in his or her child’s best interest. See Parham v. J.R.,

(U.S. 6 || 1979) (noting general presumption that parents are presumed to act in the child’s best interest). 7 || Upon review, the Court finds Plaintiff M.C.’s request to appoint Amy Dorsey as his guardian ad 8 || litem should be granted. Ms. Dorsey, as Plaintiff M.C.’s mother and conservator, is presumed to 9 || act in his best interests, and there is nothing before the Court to undermine that presumption 10 || here. 11 Accordingly, IT IS ORDERED that: 12 1. Plaintiff M.C.’s “Petition for Guardian ad Litem” is GRANTED; and 13 2. Amy Dorsey is hereby appointed as Plaintiff M.C.’s guardian ad litem. 14 15 Mt lo 16 Dated: December 10, 2024 UNITED STATES DIS¥FRICF JUDGE 17 MAGISTRATE 18 19 20 21 22 23 24 25 26 27 28