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Jared A. Rose v. Carolyn W. Colvin

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


March 28, 2013

JARED A. ROSE, PLAINTIFF,
v.
CAROLYN W. COLVIN, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

ORDER

This social security action was submitted to the court without oral argument for ruling on plaintiff's motion for summary judgment and defendant's cross-motion for summary judgment.

Upon review of plaintiff's pending motion and defendant's cross-motion it appeared clear to the court that plaintiff is a minor and was proceeding in this action without a guardian ad litem.*fn1 Accordingly, on March 13, 2013 the undersigned ordered plaintiff, who is represented by counsel, to file a motion for the appointment of a guardian ad litem within fourteen days. (Doc. No. 21.) However, as of this date plaintiff has not filed the motion for the appointment of a guardian ad litem as directed not has plaintiff's counsel responded to the court's order in any way.

Because plaintiff is a minor this action cannot proceed without the appointment of a guardian ad litem. See FED. R. CIV. PRO. 17(c); see also Watson v. County of Santa Clara, 468 F. Supp.2d 1150, 1155 (N.D. Cal. 2007); Local Rule 202. Therefore, the undersigned will stay this action until such time as a guardian ad litem can be appointed.

Accordingly, IT IS HEREBY ORDERED that this action is stayed.*fn2


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