IN AND FOR THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
May 19, 2010
G. M., A MINOR, BY AND THROUGH HIS GUARDIAN AD LITEM, KEVIN MARCHESE, GGH AN INDIVIDUAL, AND LYNDI MARCHESE, AN INDIVIDUAL, PLAINTIFFS,
DRYCREEK JOINT ELEMENTARY SCHOOL DISTRICT; CALIFORNIA DEPARTMENT OF EDUCATION; AND JACK O'CONNELL, IN HIS OFFICIAL CAPACITY AS STATE SUPERINTENDENT OF PUBLIC INSTRUCTION FOR THE STATE OF CALIFORNIA, DEFENDANTS.
The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge
AMENDED EX-PARTE MOTION TO APPOINT PARENTS AS GUARDIANS AD LITEM OF MINOR CHILD, AND FOR PLAINTIFFS IN PRO SE TO BE ALLOWED TO FILE ELECTRONICALLY [PROPOSED] ORDER
Kevin and Lyndi Marchese, Parents of minor and applicants herein, make request to the Court to be appointed as the Guardians as Litem for their minor son, G. M. G. M. is a minor, date of birth 4/24/1996, and has causes of action against Defendants on which suit is brought for De-Novo/Review of Administrative Due Process (14 U.S.C. § 1400, et seq.) And Section 504 of the Rehabilitation Act of 1973.
The appointment of the Guardians ad Litem is necessary because G. M. has been aggrieved by the administrative hearing process, along with his Parents, and is the aggrieved party of other claims and causes whose interests must be advanced pursuant to F.R.C.P. 38, and Local Rule 200.
Parents/applicants further request that they be allowed to participate in the CM/ECF system and file documents electronically during the pendency of this action. Parents are Pro Se litigants who have brought action individually and on behalf of their minor child for IDEA due process and Section 504/Rehabilitation Act 1973 claims, which claims parents are permitted to bring actions in their own right and on behalf of their child. Parents operate as a team with respect to this due process de-novo/review and claims. Father of minor is a attorney licensed to practice in this Court (SBN 148931), and will represent minor as attorney of record pursuant to J.R. v. Sylvan Union School District, 2008 U.S. Dist. Lexis 18168 (Eastern Dist. Calif., March 10, 2008).
Plaintiffs Kevin Marchese and Lyndi Marchese seek to be appointed as Guardians ad Litem for their son, Plaintiff G. M. Plaintiffs Kevin Marchese and Lyndi Marchese continue to disregard Federal Rule of Civil Procedure 5.2(a)(3) and Local Rule 140(a)(i), which require that only a minor plaintiff's initials be used in any electronic or paper filing. These Plaintiffs also disregarded he Order filed on May 7, 2010in which they were told": All future filings in this case shall comply with these rules. The caption of this case is amended as reflected above, by only referring to the minor by his initials." Plaintiffs Kevin Marchese and Lyndi Marchese are warned that failure to comply with a court order could result in a filing being stricken, and/ or sanctions.
IT IS HEREBY ORDERED that Kevin and Lyndi Marchese are appointed as Guardian ad Litem for G. M.
FURTHER Kevin Marchese, represents that he is admitted to practice before this Court, and states he is attorney of record for minor G.M.
Lastly, the Clerk of Court shall use the initials G.M. for the minor on the civil docket and shall discontinue using the minor's first name. See Federal Rule of Civil Procedure 5.2(a)(3) and Local Rule 140(a)(i).
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