G.C. v. San Diego Unified School District
- Proceeding
- district
- Area
- civil
- Panel
- Myron James Lorenz (author)
Analysis
The court reviewed Plaintiff's petition to appoint Linda Clark as guardian ad litem and sua sponte motion to seal supporting exhibits. The court granted the petition to appoint the guardian and directed the Clerk to file the petition and exhibits under seal.
| What the court decided | The model |
|---|---|
Granting Plaintiff's petition to appoint Linda Clark as guardian ad litem“For these reasons, the Court GRANTS the petition to appoint Linda Clark as guardian ad litem for the purposes of this case.” | agree with court The court correctly applied Federal Rule of Civil Procedure 17(c), which requires the appointment of a guardian ad litem for a plaintiff who lacks the capacity to manage their own affairs. The court relied on the submitted medical and educational records to find that the plaintiff lacked the capacity to understand the nature or consequence of the lawsuit and was unable to assist counsel. The appointment of the plaintiff's mother, who was willing and able to serve, is a standard and appropriate remedy under the rule. |
Directing the Clerk to file Doc. No. 9 and exhibits 9-1 through 9-4 under seal“The Court therefore sua sponte DIRECTS the Clerk to file under seal Doc. No. 9 including 9-1, 9-2, 9-3, and 9-4).” | agree with court The court applied the standard for sealing judicial records, which requires a compelling reason to overcome the presumption of public access. The court cited the medical and educational records as containing sensitive information that warranted sealing. The court's decision to seal the documents sua sponte is consistent with the Ninth Circuit's authority to protect sensitive personal information in the public record. |
The order itself: sound — The order is sound. It correctly applies Federal Rule of Civil Procedure 17(c) to appoint a guardian ad litem based on the plaintiff's lack of capacity, supported by the submitted medical and educational records. It also correctly applies the standard for sealing judicial records, citing the appropriate Supreme Court and Ninth Circuit authorities to support its decision to seal the sensitive documents sua sponte.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 G.C., an individual, Case No.: 3:21-cv-19-L-BGS 12 Plaintiff, 13 v. ORDER GRANTING PLAINTIFF’S PETITION TO APPOINT A 14 SAN DIEGO UNIFIED SCHOOL GUARDIAN AD LITEM [DOC. NO. 15 DISTRICT, 9] 16 Defendant. 17 Pending before the Court is Plaintiff’s motion to appoint Linda Clark as guardian 18 ad litem. (Doc. No. 9). 19 The evidence submitted with the petition indicates Plaintiff lacks the capacity to 20 understand the nature or consequence of the lawsuit. And it shows he is unable to assist 21 counsel in preparation of the case. Federal Rule of Civil Procedure 17(c) therefore 22 applies to Plaintiff. Linda Clark - Plaintiff’s mother - is willing and able to serve as 23 guardian ad litem. For these reasons, the Court GRANTS the petition to appoint Linda 24 Clark as guardian ad litem for the purposes of this case. See Fed. R. Civ. P. 17(c); 25 Robidoux v. Rosengren, 638 F.3d 1177, 1181 (9th Cir. 2011); Davis v. Walker, 745 F.3d 26 1303, 1310 (9th Cir. 2014). 27 28 1 In support of the petition, Plaintiff submitted medical and educational records. 2 || After a review of the material, the Court finds there are compelling reasons to seal the 3 ||exhibits. Nixon v. Warner Commc'ns, Inc., 435 U.S. 589, 597 (1978); Pintos v. Pac. 4 || Creditors Ass'n, 605 F.3d 665, 677 (9th Cir. 2010) (setting forth standard on sealing 5 || judicial records); Kamakana v. City & Cty. of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 6 2006). The petition itself also contains several excerpts from the exhibits. 7 The Court therefore sua sponte DIRECTS the Clerk to file under seal Doc. No. 9 8 || including 9-1, 9-2, 9-3, and 9-4). 9 IT IS SO ORDERED. 10 Dated: April 1, 2021 1 fee fp 12 H . James Lorenz, 3 United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28