Harvey et al v. City of Antioch et al
Filing
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ORDER re 42 MOTION to Withdraw as Guardian Ad Litem and to Appoint New Guardian Ad Litem filed by Edrick Harvey, Mary Octavia Dorrough. Signed by Judge ARMSTRONG on 8/7/12. (lrc, COURT STAFF) (Filed on 8/8/2012)
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Christopher B. Dolan, Esq. (SBN 165358)
Quinton B. Cutlip, Esq. (SBN 168030)
THE DOLAN LAW FIRM
1438 Market Street
San Francisco, California 94102
Tel: (415) 421-2800
Fax: (415) 421-2830
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Attorneys for Plaintiffs
EDRICK HARVEY, MARY
OCTAVIA DORROUGH and
minors AS and RH.
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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EDRICK HARVEY individually and
MARY OCTAVIA DORROUGH as
guardian ad litem for minors AS and RH.
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Plaintiffs
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v.
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CITY OF ANTIOCH, ANTIOCH POLICE
DEPARTMENT, POLICE CHIEF JAMES
HYDE, ACTING ANTIOCH POLICE
CHIEF ALLAN CANTANDO,
DETECTIVE JAMES STENGER,
DETECTIVE MICHAEL MELLONE,
DETECTIVE D. BITTNER (Badge 3252),
DETECTIVE WISECARVER (Badge
2363), DETECTIVE VINCELET (Badge
number unknown), DETECTIVE
MORTIMER (Badge number unknown);
CITY OF PITTSBURG, PITTSBURG
POLICE DEPARTMENT, POLICE CHIEF
AARON L. BAKER, and DOES 1 to 100
Defendants.
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Case No. C-11-04986 SBA
PETITION TO ALLOW CURRENT
GUARDIAN AD LITEM FOR “AS” TO
WITHDRAW AND TO APPOINT A
NEW GUARDIAN AD LITEM FOR
“AS”; STATEMENT OF COUNSEL;
REQUEST OF CURRENT GUARDIAN
AD LITEM TO WITHDRAW;
CONSENT OF NEW NOMINEE; AND
ORDER
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1.
Petition to Allow Guardian Ad Litem to Withdraw And Appoint New Guardian Ad Litem for AS
PETITION BY MINOR OVER AGE 14
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Petitioner AS states as follows:
I am a Plaintiff in this case. I am 17 years old.
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My claims against these defendants resulted from injuries I suffered.
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At my request, the Court previously appointed my aunt Mary Octavia Dorrough to
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be my guardian ad litem in this case.
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I have been informed that for personal reasons Mary Octavia Dorrough has
requested to withdraw as my guardian ad litem.
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I am not seeking to have my mother appointed as guardian ad litem, because she is
also a plaintiff in this litigation, and I have been advised that Court’s often do not like to appoint
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someone to be a child’s guardian ad litem if that person has his or her own personal claims.
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Our close family friend, CHELSEA STINGLEY, is a competent adult and a
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responsible person. She is fully competent to act as my guardian ad litem for purposes of this
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litigation until I become 18 years old. I have known CHELSEA STINGLEY as long as I can
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remember. I think of her as an aunt.
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I respectfully request that the Court appoint CHELSEA STINGLEY as my
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guardian ad litem.
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I declare under the penalty of perjury, according to the laws of the State of California, that
the foregoing is true and correct.
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Dated: June 26, 2012
By:
____________________________________
“AS”
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2.
Petition to Allow Guardian Ad Litem to Withdraw And Appoint New Guardian Ad Litem for AS
STATEMENT OF COUNSEL
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I, Quinton B. Cutlip, state:
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I am an attorney at law who is admitted to practice before the United States District
Court for the Northern District of California. I am an associate with the Dolan Law Firm, the
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attorneys of record for the Plaintiffs in this action.
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2.
At AS’ request, this Court previously appointed MARY OCTAVIA DORROUGH
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to be the guardian ad litem for “AS.” MS. DORROUGH previously consented and was appointed.
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MS. DORROUGH has now advised me that for personal reasons she is no longer willing to act as
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the guardian ad litem for “AS.”
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As indicated in the consent attached, hereto, CHELSEA STINGLEY has consented
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to act as guardian ad litem for “AS.”
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4.
It has been my experience that some courts disfavor appointing a person as
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guardian ad litem for a child if that person also has his or her own individual claims in the
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litigation. CHELSEA STINGLEY was chosen to be guardian ad litem because she does not have
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any other interest in this litigation or individual claim for damages in this action. “AS’s” natural
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mother, EDRICK HARVEY, was also a victim of Defendants’ tortious acts and is an individually
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named plaintiff in this action. She, therefore, requests that the Court appoint CHELSEA
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STINGLEY as guardian ad litem of petitioner “AS.”
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WHEREFORE, Petitioner moves this court for an order allowing Mary Dorrough
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to withdraw and appointing CHELSEA STINGLEY as guardian ad litem of petitioner “AS” for
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the purpose of maintaining an action against the defendants identified above.
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Dated: June 28, 2012
THE DOLAN LAW FIRM
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By_____________________________________
Quinton B. Cutlip, attorneys for EDRICK HARVEY,
CHELSEA STINGLEY and minors AS and RH.
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Petition to Allow Guardian Ad Litem to Withdraw And Appoint New Guardian Ad Litem for AS
REQUEST TO WITHDRAW AS GUARDIAN AD LITEM
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I, MARY OCTAVIA DORROUGH, declare:
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1.
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I previously consented to and was appoint to be the guardian ad litem for “AS” in
his case involving the Antioch Police Department and the Pittsburg Police Department.
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2.
For personal reasons, I wish to withdraw from my position as the guardian ad litem
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for AS. I respectfully request that the Court allow me to withdraw. AS would be better served by
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having someone else act as his guardian ad litem.
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I declare under the penalty of perjury, according to the laws of the United States, that the
foregoing is true and correct.
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Dated: _____________, 2012
By: _______________________________
MARY OCTAVIA DORROUGH
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4.
Petition to Allow Guardian Ad Litem to Withdraw And Appoint New Guardian Ad Litem for AS
CONSENT OF NOMINEE
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I, CHELSEA STINGLEY, the nominee of the Petitioner, am a responsible adult. I am a
close friend of AS’ family. I have known AS almost all of her life. I consent to act as guardian ad
litem for AS until she turns 18 years of age or until this action is concluded, whichever is first.
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Dated: June 26, 2012
By: ____________________________________
CHELSEA STINGLEY
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///
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5.
Petition to Allow Guardian Ad Litem to Withdraw And Appoint New Guardian Ad Litem for AS
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ORDER
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The petition for an order allowing MARY OCTAVIA DORROUGH to withdraw as
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guardian ad litem for petitioner “AS” is GRANTED. The petition for an order appointing
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CHELSEA STINGLEY as the new guardian ad litem for “AS” is GRANTED. CHELSEA
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STINGLEY shall be AS’ guardian ad litem in this litigation from this date forward. She will
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cease to be the guardian ad litem when the litigation is dismissed or when AS becomes 18 years
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old, whichever occurs first.
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IT IS SO ORDERED.
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Dated: 8/7/12
By: _______________________________________
Judge of the United States District Court for the
Northern District of California.
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6.
Petition to Allow Guardian Ad Litem to Withdraw And Appoint New Guardian Ad Litem for AS
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