TREVOR J. HATFIELD, ESQ 1 Nevada Bar No. 7373 2 HATFIELD & ASSOCIATES, LTD. 703 S. Eighth Street 3 Las Vegas, Nevada 89101 Telephone: (702) 388-4469 4 Facsimile: (702) 386-9825 5 Email: [email protected]

6 Attorney for Plaintiffs

7 UNITED STATES DISTRICT COURT

8 DISTRICT OF NEVADA

9 CASE NO: 2:19-cv-01474-APG-BNW 10 ELISEO NAPOLES, MARIA NAPOLES AND M.N., A MINOR, BY AND 11 THROUGH HIS GUARDIAN AD LITEM, PLAINTIFFS’ MOTION TO APPOINT 12 Plaintiffs, ELISEO NAPOLES AND MARIA 13 NAPOLES AS GUARDIANS AD LITEM vs. FOR MINOR PLAINTIFF M.N. 14 CLARK COUNTY SCHOOL DISTRICT, 15 DOES I through X, inclusive; ROE CORPORATIONS I through X, inclusive 16 Defendant. 17 COME NOW, Plaintiffs, ELISEO NAPOLES, MARIA NAPOLES AND M.N., A 18 19 MINOR (hereinafter, “Plaintiffs”), by and through their counsel, the law firm of Hatfield & 20 Associates, Ltd., and respectfully submit this Motion to Appoint Eliseo Napoles and Maria 21 Napoles as Guardians Ad Litem for Plaintiff M.N., a Minor. 22 Eliseo Napoles is the father of Plaintiff M.N., a minor currently fifteen (15) years old. 23 Maria Napoles is the mother of Plaintiff M.N., a minor currently fifteen (15) years old. 24 25 M.N. has commenced an action in this court against Defendant Clark County School 26 District for violation of his rights under the Fourth Amendment to the United States Constitution, 27 Violation of Title II of the Americans with Disabilities Act (as amended), Violation of the 28 Rehabilitation Act of 1973, and several torts under state law. At the time of the incident, M.N. 1 2 was twelve (12) years old. 3 M.N. has no general guardian and no previous petition for appointment of a guardian ad 4 litem has been filed in this matter. Eliseo Napoles and Maria Napoles are M.N.’s natural parents 5 and responsible people and fully competent to understand and protect the rights of M.N.. They 6 have no interest adverse to that of the minor and are willing to act as guardians ad litem for the 7 8 minor. 9 A minor or an incompetent person who does not have a duly appointed representative 10 may sue by a next friend or by a guardian ad litem. Fed.R.Civ.P. 17 (c)(2). “The court must 11 appoint a guardian ad litem – or issue another appropriate order – to protect a minor or 12 incompetent person who is unrepresented in an action.” Ibid. Federal Rule of Civil Procedure 13 14 17 does not contain a time constraint for filing a petition for guardian ad litem. Dean v. City & 15 County of San Francisco,

(N.D. Cal. Mar. 28, 2006) 16 /// 17 /// 18 /// 19 20 /// 21 /// 22 /// 23 /// 24 /// 25 26 /// 27 /// 28 /// 1 Plaintiffs respectfully request that the Court appoint Eliseo Napoles and Maria Napoles 9] as Guardians Ad Litem for Plaintiff M.N. 3] Date: August 26, 2020 HATFIELD & ASSOCIATES, LTD. 4 Trevor J. Hatfield 5 By: Trevor J. Hatfield, Esq., (SBN 7373) 6 703 S. Eighth Street Las Vegas, Nevada 89101 7 Tel.: (702) 388-4469 8 Email: thatfield @hatfieldlawassociates.com Attorney for Plaintiffs Plaintiffs Eliseo and Maria Napoles, mother and father of minor M.N., petition this Court to act as guardians ad litem in this action against the Clark County School District. Fed. R. Civ. P. 17 (c)(2) allows a minor or an incompetent person who does not have a duly appointed representative to sue by a next 11 friend or by a guardian ad litem. Counsel represents that M.N. has no duly appointed representative D and that Eliseo and Maria Napoles are M.N.'s natural parents, responsible people, fully competent to understand and protect the rights of M.N., and have no interest adverse to that of the minor. The 13] decision to appoint a guardian ad litem under Rule 17(c) is “left to the sound discretion of the trial court.” Davis v. Walker,

(9th Cir. 2014). The Court exercises its discretion here to ° 14 appoint Eliseo and Maria Napoles as guardians ad litem of M.N. The motion at ECF No. 20 is therefore S granted. 15 16 IT IS SO ORDERED

DATED: 6:30 pm, October 21, 2020

18 les Are bat 19 □ BRENDA WEKSLER 20 UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28