Mclaughlin et al v. County of El Dorado et al
Filing
49
ORDER signed by Judge Lawrence K. Karlton on 11/10/2011 ORDERING 48 Defendants' unopposed motion to the degree it seeks to compel plaintiffs to seek a guardian ad litem, as implicitly agreed to in the settlement agreement (according to defenda nts) is GRANTED; plaintiffs shall apply to this Court no later than 11/21/2011 for the appointment of a Guardian Ad Litem for the minor children whose claims are sought to be compromised in this case; and No later than 11/21/2011, plaintiffs shall file a motion to amend the complaint to include the Guardian Ad Litem; and the hearing scheduled for 11/21/2011 is VACATED.. (Reader, L)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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DOWELL McLAUGHLIN,
et al.,
NO. CIV. S-10-2551 LKK/GGH
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Plaintiffs,
v.
O R D E R
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COUNTY OF EL DORADO,
et al.,
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Defendants.
/
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Defendants City of South Lake Tahoe, et al., move for an order
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enforcing
that
portion
of
their
settlement
agreement
with
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plaintiffs that requires “Plaintiffs to comply with the terms of
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the Agreement by applying to this Court for appointment of a GAL
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[Guardian Ad Litem], or in some fashion ensuring that the minor
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children are brought within the jurisdiction of this Court.”
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The plaintiffs have filed a Statement of Non-Opposition,
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asserting that defendants simply have not given them enough time
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to accomplish the application and consequent amendment of the
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complaint (Dkt. No. 43). All other parties (that is, the remaining
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defendants) have also filed a Statement of Non-Opposition.
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1.
Defendants’ unopposed motion – to the degree it seeks to
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compel plaintiffs to seek a guardian ad litem, as implicitly agreed
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to in the settlement agreement (according to defendants) – is
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GRANTED;1
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2.
As provided by Fed. R. Civ. P. 17(c) and E.D. Cal.
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R. 202(a), plaintiffs shall apply to this Court – no later than
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November 21, 2011 – for the appointment of a Guardian Ad Litem for
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the minor children whose claims are sought to be compromised in
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this case; and
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3.
No later than November 21, 2011, plaintiffs shall file
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a motion to amend the complaint to include the Guardian Ad Litem;
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and
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4.
The hearing scheduled for November 21, 2011 is VACATED.
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IT IS SO ORDERED.
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DATED:
November 10, 2011.
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This order does not enforce the overall settlement
agreement, which has yet to be shown to be in the best interests
of the minor children.
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