Hernandez v. United States of America

• Court: District Court, S.D. California
• Decided: August 20, 2019
• Docket: 3:19-cv-01457
• Status: Unknown

Opinion

8 UNITED STATES DISTRICT COURT

9 FOR THE SOUTHERN DISTRICT OF CALIFORNIA 10 Case No. 19cv1457 AJB-AGS 11 HENRY MORA HERNANDEZ, individually and as Special ORDER GRANTING AMENDED 12 Administrator of the Estate of Sergio PETITION FOR APPOINTMENT Mora Hernandez; and KOTHAN OF GUARDIAN AD LITEM 13 MORA HERNANDEZ, a minor, by and (FRCP § 17(c)(2)) through his Guardian Ad Litem, Irlanda 14 Hernandez Echeverria, (Doc. No. 6)

15 Plaintiffs,

16 v.

17 UNITED STATES OF AMERICA, by and through the UNITED STATES 18 POSTAL SERVICE; and ERICKA MARIE DOTSON, an individual, 19 Defendants. 20 21 22 23 24 25 26 27 1 PETITIONER, minor child KOTHAN MORA HERNANDEZ, by and 2 | through his mother, Irlanda Hernandez Echeverria, filed an amended petition 3 | for the appointment of a guardian ad litem. (Doc. No. 5.) 4 “District courts have a special duty, derived from Federal Rule of Civil 5 | Procedure 17(c), to safeguard the interests of litigants who are minors.” 6 | Robidoux v. Rosengren, 638 F.3d 1177, 1181 (9th Cir. 2011). Rule 17 provides 7 | that “[t]he court must appoint a guardian ad litem—or issue another appropriate 8 | order—to protect a minor or incompetent person who is unrepresented in an 9 | action.” Fed. R. Civ. P. 17(c)(2). 10 The decision to appoint a guardian ad litem “must normally be left to the 11 | sound discretion of the trial court.” United States v. 30.64 Acres of Land, 795 12 | F.2d 796, 804 (9th Cir. 1986). 13 Petitioner Irlanda Hernandez Echeverria petitions the Court to appoint 14 | her as guardian ad litem to her minor child, Plaintiff KOTHAN MORA 15 HERNANDEZ. Plaintiff KOTHAN MORA HERNANDEZ is a minor, born 16 | January 7, 2005. Petitioner states that she is the biological mother to Plaintiff 17. | KOTHAN MORA HERNANDEZ, and that she will represent his best interests 18 | and has no interests adverse to or in conflict with Plaintiff KOTHAN MORA 19 | HERNANDEZ. 20 Finding good cause, the Court grants the petition (Doc. No. 5) and 21 appoints Irlanda Hernandez Echeverria guardian ad litem of KOTHAN MORA 22 | HERNANDEZ, a minor and plaintiff to this action. 23 IT IS SO ORDERED. 24 35 Dated: August 19, 2019

United States District Judge 28 ORDER APPOINTING GUARDIAN AD -|- Mora Hernandez v. United States, et al.