EP.

EP. v. Tehachapi Unified School District

Good Law
United States District Court, Eastern District of CaliforniaFebruary 21, 20241:23-cv-01724California1,175 words

Opinion

trial_court Opinion

1 2 3

4 5 6 7 8 UNITED STATES DISTRICT COURT 9

EASTERN DISTRICT OF CALIFORNIA

10

11 E.P., Case No. 1:23-cv-01724-JLT-CDB

12 Plaintiff, ORDER RE: MOTION TO APPOINT GUARDIAN

AD LITEM OF MINOR E.P.

13 v. (Doc. 12) 14 TEHACHAPI UNIFIED SCHOOL DISTRICT, et al., 14-DAY DEADLINE 15 Defendants. 16 17

18 Pending before the Court is Plaintiff E.P.’s (“Plaintiff”) motion to appoint Michel Hernandez-

19 Disla as guardian ad litem, filed on February 20, 2024. (Doc. 12). Because the motion does not 20 comply with Local Rule 202, the Court will deny the motion without prejudice. 21 Pursuant to Rule 17 of the Federal Rules of Civil Procedure, a representative of a minor or 22 incompetent person may sue or defend on the minor or incompetent person’s behalf. Fed. R. Civ. P. 23 17(c). A court “must appoint a guardian ad litem—or issue another appropriate order—to protect a 24 minor or incompetent person who is unrepresented in an action.” Id. The capacity of an individual to 25 sue is determined “by the law of the individual’s domicile.” Fed. R. Civ. P. 17(b)(1). 26 …

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