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Abarca, Raul Valencia, et al v. [Minors Austin Meejmom Vang and Merck & Co.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA / FRESNO DIVISION


July 19, 2011

ABARCA, RAUL VALENCIA, ET AL.,
PLAINTIFFS,
v.
[MINORS AUSTIN MEEJMOM VANG AND MERCK & CO., INC., ET AL., JUAN ANTONIO HERNANDEZ JR.] DEFENDANTS.

The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

PETITION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM (FOR MINORS UNDER 14)

Petitioners state as follows:

1. This Petition is submitted pursuant to Federal Rules of Civil Procedure 17(c) and Eastern Local Rule 17-202, for purposes of establishing a Guardian ad Litem for the minor plaintiffs (under 14 years of age) identified in the attachment to this Petition.

2. The minors identified in the attachment to this Petition are named plaintiffs in the above-captioned matter arising out of Clean Water Act and RCRA violations; soil and water contamination; and flooding events in April of 2006. The damages sought by plaintiffs in this action, including the minor plaintiffs, include, but are not limited to personal injuries and emotional distress damages arising out of the flooding event in April of 2006, as identified in plaintiffs' Eighth Amended Complaint. Further, personal injury damages will be sought for past and continuing exposure to soil, groundwater and airborne contaminants from the April 2006 flooding event and from the past and continuing exposure to contaminants as a result of defendants' conduct.

3. No guardian was ever appointed for minors Austin Meejmom Vang and Juan Antonio Hernandez.

4. Petitioners identified in the attachment to this Petition are competent and responsible persons, fully competent to act as Guardians ad Litem, for the minor persons identified in the attached document.

5. Petitioners are willing to act as Guardians ad Litem for the minors and/or incompetent persons, as demonstrated by their consents attached hereto.

WHEREFORE, Petitioners move this court for an order appointing them as Guardians ad Litem of the minor plaintiffs for the purpose of prosecuting the above-captioned action on their behalf.

Dated: July 20, 2011 MARDEROSIAN, RUNYON, CERCONE & LEHMAN By: /s/ Michael G. Marderosian, Esq. MICHAEL G. MARDEROSIAN, Attorney for Petitioner and Minors

ORDER

The Petition for an order appointing Petitioners as Guardian ad Litem for the minor persons (under the age of 14) identified in the attached Consents to Act as Guardian ad Litem is GRANTED.

This order appointing the Guardians ad Litem as identified in the attached documents, are hereby deemed an amendment to plaintiffs' Eighth Amended Complaint for purposes of identifying minor plaintiffs and their Guardians ad Litem. No further amendment of the Complaint is required.

IT IS SO ORDERED.

IT IS SO ORDERED.

emm0d6

20110719

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