IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
August 5, 2011
JOHN DOE, A MINOR PLAINTIFF,
SACRAMENTO DEPARTMENT OF HEALTH AND HUMAN SERVICES -CHILD PROTECTIVE SERVICES OF SACRAMENTO COUNTY, AND DOES THROUGH XXXV, INCLUSIVE. DEFENDANTS.
The opinion of the court was delivered by: John A. Mendez U. S. District Court Judge
PROPOSED ORDERS: APPOINTING KATHRYN CLARK TO SERVE AS GUARDIAN AD LITEM, TO PROSECUTE THE ACTION OF PLAINTIFF, JOHN DOE; AND PERMITTING SAID PLAINTIFF TO MAINTAIN HIS NAME AND ALL CONTACT INFORMATION FOR HIMSELF AND HIS GUARDIAN AD LITEM IN CONFIDENCE.
(F. R. C. P. 17(b)(c); local Rule 202)
On July 5, 2011, KATHRYN CLARK, by counsel, moved this court to appoint her as Guardian ad Litem for JOHN DOE. The motion was submitted on August 3, 2011. The court has read the papers submitted in support of the motion, reviewed the authorities cited, and considered the argument of counsel.
Based upon said review, and consideration of argument, it appears to the court that JOHN DOE is an infant under the age of ten (10) years and has no other guardian able, under the laws of the State of California, to represent him in this matter.
It further appears that KATHRYN CLARK is a person fully competent to understand and protect the rights of this Plaintiff, and that she has no interest adverse to that of Plaintiff, is not connected in business with any adverse party or attorney or counsel of any adverse party, has sufficient ability to answer for any damage caused by her mishandling of this action, and has consented to act as the guardian ad litem for JOHN DOE in this action.
THEREFORE, IT IS ORDERED that KATHRYN CLARK be, and hereby is, appointed Guardian ad Litem for Plaintiff, JOHN DOE, and to prosecute this action on his behalf. Said service to be without fee as to KATHRYN CLARK. Any request for reimbursement of expenses; including, but not limited to, attorney(s)' fees incurred by this service as guardian ad litem shall be made at the conclusion of the action concurrent with a Motion/Petition to Compromise the Minor's claim.
IT IS FURTHER ORDERED, that upon the court's review of the Declaration of KATHRYN CLARK re Confidentiality of Minor's Name and Address, and good cause appearing therefore:
The Guardian ad Litem shall prosecute the action on behalf of the minor designating his name throughout the action as "JOHN DOE".
The minor's contact information, as well as that of KATHRYN CLARK, who is his mother by adoption, and with whom he resides, shall remain confidential. All notices and communications in this case to KATHRYN CLARK, acting as guardian ad litem, shall be deemed completed according to law if made to counsel for the minor. At present, said counsel is:
Richard A. Frishman, Esq., 205 N. Pine St., Nevada City, CA 95959 telephone: (530)265-2399; fax: (530) 478 9442; e-mail: RichardFrishman@Yahoo.com
The court reserves the ability to require, upon further Order, that counsel for the minor file with the Clerk of this court a sealed document setting forth the true name of the minor and address of the guardian ad litem. Such filing shall at all times remain sealed by the Clerk unless the court orders otherwise following noticed hearing.
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