Hernandez v. United States of America

Opinion

10 Case No. 19cv1457 AJB-AGS 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. 24 35 Dated: August 19, 2019

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