Gillis

Gillis v. In-Shape Family Fitness, LLC

Good Law
United States District Court, Eastern District of CaliforniaSeptember 26, 20232:23-cv-01474California733 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LUCIA GILLIS, ET AL., 2:23-cv-01474-KJN Plaintiffs, ORDER v. IN-SHAPE FAMILY FITNESS, LLC, Defendant. 16 Pending before the court is plaintiff Lucia Gillis’s motion to appoint guardian ad litem of Shawn Gillis. (ECF No. 12.) Plaintiff’s motion, filed August 23, 2023, is unopposed. As discussed below, plaintiff’s motion complies with Local Rule 202. The court therefore GRANTS the motion and APPOINTS Lucia Gillis as guardian ad litem of Shawn Gillis. The court VACATES the motion hearing currently set for October 3, 2023. I. Legal Standard Under Federal Rule of Civil Procedure 17(c)(2), “[a] minor or an incompetent person who does not have a duly appointed representative may sue by a next friend or by guardian ad litem.” Fed. R. Civ. P. 17(c)(2). Local Rule 202 further states:

(a) Appointment of Representative or Guardian. Upon commencement of an action or upon initial appearance in defense of an action by or on…

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