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

Summary

The United States District Court for the Eastern District of California granted Plaintiffs’ motions to appoint Rolando Rivera as guardian ad litem for minor Plaintiff E.P. and to permit E.P. to proceed under a pseudonym. The court determined that no guardian ad litem was necessary for decedent minor A.P. because his successor in interest was prosecuting the survivable claims, and it vacated the scheduled motion hearing.

Holdings

1. The Court recognized Rolando Rivera as E.P.'s state-law representative and appointed him guardian ad litem because Plaintiffs provided appropriate evidence of his guardianship and showed that he could protect E.P.'s interests without an impermissible conflict.
2. A guardian ad litem was not necessary for A.P. because Alejandro Perez Ramos, Sr. proceeded as successor in interest to A.P.'s survival claims.
3. E.P. was permitted to proceed under the pseudonym E.P., and the parties and counsel were prohibited from disclosing her true name except by court order or as necessary for the litigation.

Questions Presented

1. Whether Rolando Rivera should be recognized as E.P.'s state-law representative and appointed guardian ad litem under Federal Rule of Civil Procedure 17(c) and Eastern District of California Local Rule 202.
2. Whether appointment of a guardian ad litem was necessary for decedent minor A.P. when Alejandro Perez Ramos, Sr. proceeded as successor in interest to A.P.'s claims.
3. Whether minor Plaintiff E.P. should be permitted to proceed under a pseudonym because the sensitive circumstances and demonstrated risk of harm outweighed the presumption of public identification.

Disposition

other