E.P., et al. v. County of Kern, et al.

Summary

The United States District Court for the Eastern District of California directed plaintiffs to file motions for appointment of guardians ad litem for minor plaintiff E.P. and decedent minor plaintiff Alejandro Andres Perez, Jr., or provide evidence of representatives appointed under state law. The court also directed plaintiffs to move for E.P. to proceed under a pseudonym or report why such a motion was unnecessary, with a 14-day deadline.

Holdings

1. Under Federal Rule of Civil Procedure 17(c) and Eastern District of California Local Rule 202, plaintiffs must provide appropriate evidence of state-law representative appointments, move for appointment of guardians ad litem, or make a showing that appointment is unnecessary for minor and incompetent plaintiffs. Because the complaint did not establish representative appointments or make the required showing, the court directed plaintiffs to file the required motions or evidence for E.P. and A.P.
2. Plaintiffs were required, within 14 days, either to move for E.P. to proceed under a pseudonym or to report why such a motion was unnecessary.

Questions Presented

1. Whether plaintiffs were required to provide evidence of state-law representative appointments or seek appointment of guardians ad litem for minor E.P. and deceased minor A.P.
2. Whether plaintiffs were required to move for E.P. to proceed under a pseudonym or explain why such a motion was unnecessary.

Disposition

other