Colonial Life and Accident Insurance Company v. Deloris Jean Gillis, et al.

Opinion

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4 5 UNITED STATES DISTRICT COURT 6 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 COLONIAL LIFE AND ACCIDENT CASE NO. C25-0350-KKE 8 INSURANCE COMPANY, ORDER APPOINTING GUARDIAN AD 9 Plaintiff(s), LITEM v. 10

DELORIS JEAN GILLIS, et al., 11

Defendant(s). 12

13 This matter comes before the Court sua sponte. Defendant Jennifer Edmonds appeared in 14 this action pro se purporting to represent herself and her two minor children, Defendants D.E. and 15 D.D.E. Dkt. Nos. 30, 42. Because the Ninth Circuit prohibits non-attorney parents from 16 representing their children in lawsuits without a lawyer (see Johns v. Cty. of San Diego, 114 F.3d 17 874, 877 (9th Cir. 1997)), the Court directed Ms. Edmonds to obtain counsel (Dkt. No. 42) and 18 then—when she did not respond—ordered Ms. Edmonds to show cause why a guardian ad litem 19 should not be appointed to represent D.E. and D.D.E (Dkt. No. 45). Plaintiff Colonial Life and 20 Accident Insurance Company (“Colonial”) served the order to show cause on Ms. Edmonds on 21 December 2, 2025. Dkt. No. 46. But Ms. Edmonds did not file a response by the deadline. 22 Under the Federal Rules of Civil Procedure, “[t]he court must appoint a guardian ad 23 litem—or issue another appropriate order—to protect a minor or incompetent person who is 24 unrepresented in an action.” Fed. R. Civ. P. 17(c)(2). Because Ms. Edmonds cannot represent her 1 children without an attorney, they are currently unrepresented. Yet, as explained in the order to 2 show cause, D.E. and D.D.E. have claims and defenses that require adjudication. For instance, 3 Colonial seeks relief against D.E. and D.D.E. (as well as the other defendants), including a

4 discharge of liability as to all claims to certain disputed life insurance benefits. See Dkt. No. 1 at 5 7, Dkt. No. 41. D.E. and D.D.E. also have claims to the disputed benefits that will become the 6 subject of litigation once Colonial obtains interpleader relief. Dkt. No. 1 at 7 (requesting that 7 defendants “be required to interplead, claim and settle among themselves their rights to the 8 Disputed Death Benefit or any part thereof”). This litigation therefore cannot proceed until D.E. 9 and D.D.E. are represented by counsel. 10 The Court finds that appointment of a guardian ad litem is required to protect the interests 11 of D.E. and D.D.E. Further, because D.E. and D.D.E. each claim entitlement to a portion of the 12 disputed death benefits based on the same change of beneficiary form (see Dkt. No. 1 ¶¶ 6–7, 18),

13 the Court finds their interests are aligned and that they may be represented by a single guardian ad 14 litem. Finally, the Court finds that attorney Elena Garella is qualified to serve as guardian ad litem 15 for both minors. Ms. Garella was recently appointed to serve as guardian ad litem in another 16 interpleader action involving unrepresented minors in this Court. See Protective Life Ins. Co. v. 17 Lankford, No. C25-1751-JCC, 2025 WL 2966319 (W.D. Wash. Oct. 21, 2025). In that case, the 18 Court noted that Ms. Garella is admitted to practice in this District and is qualified as a Title 11 19 guardian ad litem in King County Superior Court. Id. at *1. 20 Accordingly, the Court APPOINTS Elena Garella, 4847 California Ave SW Ste 100, 21 Seattle, WA 98116, phone number (206) 675-0675, as guardian ad litem for minors D.E. and 22 D.D.E. in this action. Ms. Garella shall be compensated from the insurance policy proceeds

23 deposited into the Court’s registry (see Dkt. No. 31) in an amount to be determined on a motion 24 by Ms. Garella at the end of this case. 1 Ms. Garella is further DIRECTED to file a status report by March 11, 2025, indicating (1) 2 whether she has been successful in contacting D.E. and D.D.E. and (2) if so, whether D.E. and 3 D.D.E. intend to oppose Colonial’s pending motion for interpleader relief. See Dkt. No. 41.

4 The Clerk shall send a copy of this Order to Ms. Garella at the address above and to Ms. 5 Edmonds, D.E., and D.D.E. at Ms. Edmonds’ last known address (see Dkt. Nos. 22, 23, 24) and to 6 the email address jcedmonds2010@gmail.com. 7 Dated this 17th day of February, 2026. 8 A 9 Kymberly K. Evanson 10 United S tates District Judge

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