E.E. v. Norris School District

Opinion

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1 2 3 UNITED STATES DISTRICT COURT 4 EASTERN DISTRICT OF CALIFORNIA 5 6 | E.E., a minor, by and through his guardian CASE NO. 1:20-CV-1291 AWI JLT ad litem, LAURA HUTCHINSON- 7 | ESCOBEDO; CHRISTOPHER ORDER RE: MOTION FOR ESCOBEDO; and LAURA APPOINTMENT OF GUARDIAN AD 8 | HUTCHINSON-ESCOBEDO LITEM 9 Plaintiffs 10 Vv. 11 | NORRIS SCHOOL DISTRICT, (Doc. 4) 12 Defendant 13 14 Plaintiff Laura Hutchison-Escobedo has filed a motion seeking to be appointed guardian ad 15 | litem for her child E.E. who is 7 years old. Doc. 4. Fed. R. Civ. Proc. 17(c)(1)(A) allows a 16 | “general guardian” to “sue or defend on behalf of a minor” without the appointment of a guardian 17 | ad litem. Case law has made clear that “[A] parent is a guardian who may so sue.”” Doe v. Weed 18 | Union Elementary Sch. Dist., 2013 U.S. Dist. LEXIS 82850, *1 (E.D. Cal. June 12, 2013), quoting 19 | Cmtys. for Equity v. Mich. High Sch. Athletic Ass’n, 26 F. Supp. 2d 1001, 1006 (W.D. Mich. 20 | 1998). However, in an abundance of caution, the motion is granted. 21 IT IS SO ORDERED that Laura Hutchison-Escobedo is appointed guardian ad litem for 22 | her child, E.E., a minor, in this action. 23 IT IS SO ORDERED. 25 | Dated: _ September 15, 2020 : : "SENIOR DISTRICT JUDGE 26 27 28