Williams v. County of Fresno

Opinion

11 UNITED STATES DISTRICT COURT

12 EASTERN DISTRICT OF CALIFORNIA - FRESNO DIVISION

14 ASHLEY WILLIAMS, an individual; Case No: 1:18-cv-01543-LJO-EPG HECTOR MENDEZ, an individual; A.R., 15 D.R., H.M., and G.M., minors, by and through ORDER GRANTING PLAINTIFFS’ their Guardian, SECOND EX PARTE APPLICATION TO 16 APPOINT ASHLEY WILLIAMS AS Plaintiffs, GUARDIAN AD LITEM FOR H.M. AND 17 G.M. vs. 18 [FRCP, Rule 17(c)(2)] COUNTY OF FRESNO; CITY OF 19 MADERA; LEEDER VUE, an individual; Judge: Hon. Lawrence J. O’Neill SOCORRO RUVALCABA, Magistrate: Hon. Erica P. Grosjean 20 an individual; YEE LENG THAO, an individual; NANCY BOYAJIAN, an Complaint Filed: November 8, 2018 21 individual; CLAY HOOVER, an individual; EILEEN GUARACHA, an 22 individual; ENRIQUE ROBLEDO, an individual; and DOES 1 through 10, 23 Defendants. 24 25 26 27 The Court has read and considered the Ex Parte Application to Appoint Ashley Williams as Guardian Ad Litem for Plaintiffs H.M. and G.M. and finds that it is reasonable and necessary to appoint a guardian ad litem for Minor Plaintiffs H.M. and G.M. ‘ Fit parents are presumed to act in the best interests of their children. Troxel v. Granville, > 530 U.S. 57, 66 (2000); Doe v. Heck, 327 F.3d 492, 521 (7th Cir. 2003). When a minor is ° represented by a parent who is a party to the lawsuit and who has the same interests as the child 7 there is no inherent conflict of interest. Burke v. Smith, 252 F.3d 1260, 1264 (11th Cir. 2001). 8 There is no conflict of interest as both parents and children are suing the municipal entities and government officials for similar civil rights violations. (See Dkt. No. 45.) This 10 alignment of interests weighs in favor of appointing Ms. Williams. Neri v. Tennis Villas at Blackhawk Ass’n, Inc., 2013 U.S. Dist. LEXIS 165221, at *3 (N.D. Cal. Nov. 19, 2013); V2 Gonzalez v. Reno, 86 F. Supp. 2d 1167, 1185 (S.D. Fla. 2000). 13 The Court will follow the general presumption and allow the minors’ parent to represent 14 heir interests. Gonzalez v. Reno, 86 F. Supp. 2d 1167, 1185 (S.D. Fla. 2000); Anthem Life Ins. v. Olguin, 2007 U.S. Dist. LEXIS 37669, at *6 (E.D. Cal. May 8, 2007); Sack v. N. E. Med. 16 Servs., 2016 U.S. Dist. LEXIS 140042, at *2 (N.D. Cal. Oct. 7, 2016). 17 IT IS ORDERED that Ashley Williams is hereby appointed as the guardian ad litem for |iminors H.M. and G.M. Plaintiffs’ ex parte application is GRANTED. 19 99 IS SO ORDERED. Dated: _ November 19, 2019 [Jee ey — 22 UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 ORDER GRANTING PLAINTIFFS’ SECOND EX PARTE APPLICATION TO APPOINT ASHLEY1