A.C. v. J.C.
- Proceeding
- district
- Area
- civil
- Panel
- Myron James Lorenz (author)
Analysis
The court considered a petition to appoint a guardian ad litem for a minor plaintiff and a motion to seal the unredacted petition. The court granted the petition, appointing the minor's mother as guardian ad litem, and granted the motion to seal the petition.
| What the court decided | The model |
|---|---|
Petition to appoint guardian ad litem granted“the Court GRANTS the petition. A.C.’s mother is appointed guardian ad litem for purposes of this action.” | agree with court The court correctly applied Federal Rule of Civil Procedure 17(c), which allows a court to appoint a guardian ad litem or take other measures to protect a minor. The court found that the minor's mother, the current educational rights holder, had no adverse interests and was able to prosecute the action, satisfying the requirement for representation. The appointment is consistent with the rule and the facts recited. |
Motion to seal unredacted petition granted“The Court also GRANTS A.C.’s motion to seal the unredacted petition, which contains the minor’s name.” | agree with court Courts have broad discretion to seal documents containing sensitive information, particularly the names of minors, to protect their privacy and interests. The order notes the petition contains the minor's name, which is a sufficient basis for sealing under general privacy principles and the court's duty to safeguard minors' interests. |
The order itself: sound — The order correctly identifies the relevant rule (Rule 17(c)) and case law regarding the court's duty to protect minors. It applies the rule to the specific facts (mother as rights holder with no adverse interest) to justify the appointment. The sealing decision is supported by the general principle of protecting minor's privacy, though no specific sealing standard is cited, which is common in such routine orders.
Opinion
1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 SOUTHERN DISTRICT OF CALIFORNIA 8 9 A.C., a minor, Case No.: 3:21-cv-1989-L-DEB 10 Plaintiff, 11 v. ORDER ON PETITION TO 12 SAN DIEGUITO UNION HIGH APPOINT GUARDIAN AD LITEM 13 SCHOOL DISTRICT, AND MOTION TO SEAL 14 Defendant. 15 Pending before the Court is a petition to appoint a guardian ad litem under Federal 16 Rule of Civil Procedure 17 and a motion to seal the unredacted petition. 17 “Courts have a special duty . . . to safeguard the interests of litigants who are 18 minors.” Robidoux v. Rosengren, 638 F.3d 1177, 1181 (9th Cir. 2011); Davis v. Walker, 19 745 F.3d 1303, 1310 (9th Cir. 2014). Federal Rule of Civil Procedure 17(c) requires a 20 court to appoint guardian ad litem or take “whatever measures it deems proper to protect 21 [a minor] during litigation.” United States v. 30.64 Acres of Land, 795 F.2d 796, 805 (9th 22 Cir. 1986); Fed. R. Civ. P. 17(c) (a court “must appoint a guardian ad litem—or issue 23 another appropriate order—to protect a minor . . . who is unrepresented in the action.”) 24 A.C., a minor, is a student at the San Dieguito Union High School. This action 25 relates to A.C.’s individualized education program. (ECF 1). A.C.’s mother, the proposed 26 guardian ad litem and the current educational rights holder for A.C., has no adverse 27 interests and is able to prosecute this action on A.C.’s behalf. (ECF 4). For these reasons, 28 1 ||the Court GRANTS the petition. A.C.’s mother is appointed guardian ad litem for 2 || purposes of this action. The Court also GRANTS A.C.’s motion to seal the unredacted 3 || petition, which contains the minor’s name. 4 IT IS SO ORDERED. 5 Dated: January 14, 2022 pee ep? 7 H . James Lorenz, 3 United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28