J.M.

J.M. v. Miller Creek School District

Good Law
United States District Court, Northern District of CaliforniaAugust 4, 20234:22-cv-06105California1,079 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 PARENT AND GUARDIAN “SML” ON Case No. 22-cv-06105-DMR

BEHALF OF MINOR SON “JM”

(“STUDENT”) (“SML EX REL JM”),

ORDER ON DOCKET NOS. 37,

Plaintiff,

v.

MILLER CREEK SCHOOL DISTRICT, et al., 12 Defendants. 13 When Plaintiff filed the complaint, S.M.L. failed to move for a court order appointing her as guardian ad litem for Plaintiff J.M. This deficiency came to the court’s attention when Plaintiff later filed a motion to substitute the guardian ad litem. [Docket No. 32.] In order to address Plaintiff’s original deficiency before ruling on the motion to substitute the guardian ad litem, the court ordered Plaintiff to file a motion pursuant to Federal Rule of Civil Procedure 17, supported by admissible evidence, establishing that S.M.L. was qualified to act as guardian ad litem for J.M. from the filing of the complaint up to the point of the requested substitution. [Docket No. 36.] By the same deadline, Plaintiff was ordered to file a new motion to substitute the…

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