(SS) Sullivan v. Commissioner of Social Security

• Court: District Court, E.D. California
• Decided: January 14, 2025
• Docket: 2:25-cv-00143
• Status: Unknown

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 VANESSA SULLIVAN O/B/O MINOR No. 2:25-cv-0143 AC P.N.J, 12 Plaintiff, 13 ORDER v. 14 COMISSIONER OF SOCIAL 15 SECURITY, 16 Defendant. 17

18 Before the court is plaintiffs’ Petition for the Appointment of Guardian Ad Litem. ECF 19 No. 3. Under Federal Rule of Civil Procedure 17(c)(2), “[a] minor or an incompetent person who 20 does not have a duly appointed representative may sue by a next friend or by a guardian ad 21 litem.” Fed. R. Civ. P. 17(c)(2). Local Rule 202 provides the following additional requirements: 22 (a) Upon commencement of an action or upon initial appearance in 23 defense of an action by or on behalf of a minor or incompetent person, the attorney representing the minor or incompetent person 24 shall present (1) appropriate evidence of the appointment of a representative for the minor or incompetent person under state law 25 or (2) a motion for the appointment of a guardian ad litem by the Court, or, (3) a showing satisfactory to the Court that no such 26 appointment is necessary to ensure adequate representation of the minor or incompetent person. 27 ... 28 ] (c) Disclosure of Attorney’s Interest. When the minor or incompetent is represented by an attorney, it shall be disclosed to the Court by 2 whom and the terms under which the attorney was employed; whether the attorney became involved in the application at the 3 instance of the party against whom the causes of action are asserted, directly or indirectly; whether the attorney stands in any relationship 4 to that party; and whether the attorney has received or expects to receive any compensation, from whom, and the amount. 5 6 | E.D. Cal. L.R. 202. 7 The Ninth Circuit has held that “[a]lthough the [district] court has broad discretion and g || need not appoint a guardian ad litem if it determines the person is or can be otherwise adequately 9 || protected, it is under a legal obligation to consider whether the person is adequately protected.” 10 || United States v. 30.64 Acres of Land, More or Less, Situated in Klickitat County, State of Wash., 11 | 795 F.2d 796, 805 (9th Cir.1986). Fit parents are presumed to act in the best interests of their 12 | children. Troxel v. Granville, 530 U.S. 57, 66 (2000); Doe v. Heck, 327 F.3d 492, 521 (7th Cir. 13 || 2003). 14 Here, plaintiff asks that Vanessa Sullivan be appointed guardian ad litem for her minor 15 || grandchild, P.N.J, in this social security action. ECF No. 3 at 2. Vanessa Sullivan filed a 16 | declaration stating that P.N.J. is in her custody and that she is intimately familiar with P.N.J.’s 17 || physical and mental disabilities. Id. at 5. Plaintiff complied with Local Rule 202(c) and 18 || disclosed their attorney’s interest. Id. at 2. 19 Upon examination, the undersigned finds that the appointment of Vanessa Sullivan as 20 || guardian ad litem for her minor grandchild, plaintiff P.N.J., is appropriate. It is therefore 21 || ORDERED that the petition, ECF No. 3, is GRANTED. 22 IT IS SO ORDERED. 23 || DATED: January 14, 2025 ~ 24 Ahur—Clore ALLISON CLAIRE 25 UNITED STATES MAGISTRATE JUDGE 26 27 28