Miller et al v. United States of America, No. 2:2019cv01293 - Document 68 (D. Nev. 2022)

Court Description: ORDER Granting 67 Unopposed Motion to Appoint Guardian Ad Litem Chip Evans for Minor C.M. Report due by 1/25/2022. Signed by Magistrate Judge Cam Ferenbach on 12/29/2021. (Copies have been distributed pursuant to the NEF - ABG)
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Miller et al v. United States of America Doc. 68 Case 2:19-cv-01293-APG-VCF Document 68 Filed 01/11/22 Page 1 of 7 Danial Laird Nevada Bar #11831 dan@lairdlaw.com Jamal K. Alsaffar, pro hac vice Texas Bar #24027193 jalsaffar@nationaltriallaw.com Tom Jacob, pro hac vice Texas Bar #24069981 tjacob@nationaltriallaw.com 7500 Rialto Blvd Bldg. Two, Ste. 250 Austin, Texas 78735 Attorneys for the Plaintiffs UNITED STATES DISTRICT COURT DISTRICT OF NEVADA BLAKE and JENNA MILLER, Case Number Individually and on Behalf of C.M., 2:19-cv-01293-APG-VCF a Minor Child, Plaintiffs UNOPPOSED AMENDED MOTION TO APPOINT v. GUARDIAN AD LITEM UNITED STATES OF AMERICA, Defendant 1 Plaintiffs request the Court appoint Chip Evans, Evans & Herlihy Law 2 Firm, 4407 Bee Caves Rd., Suite 611, Austin, TX 78746 as guardian ad litem 3 for minor child C.M., for the limited purpose of reviewing a settlement agree- 4 ment affecting the resolution of this case and ensuring no conflict of interest 5 exists. Page 1 of 6 Dockets.Justia.com Case 2:19-cv-01293-APG-VCF Document 68 Filed 01/11/22 Page 2 of 7 BACKGROUND 1 2 This is a medical malpractice case. It is alleged that C.M. suffered severe 3 and irreversible injury during labor and delivery at Mike O’Callaghan Fed- 4 eral Medical Center. His parents, Blake and Jenna Miller, filed this lawsuit 5 individually and on behalf of C.M. 6 The Parties to this lawsuit reached a proposed settlement that requires 7 the Court’s approval prior to review and decision by the Attorney General or 8 his designee. Because C.M. is a minor child, Plaintiffs request that the Court 9 appoint a guardian ad litem to protect the interests of C.M. for the limited 10 purpose of reviewing the settlement agreement and determining that this 11 settlement is in C.M.’s best interest. ANALYSIS 12 13 Under Fed. R. Civ. P. 17(c), the Court may appoint a guardian ad litem 14 where the Court believes the appointment to be in the best interest of a mi- 15 nor or disabled individual. Scannavino v. Fla. Dep’t of Corrections, 242 F.R.D. 16 662, 666-67 (M.D. Fla. 2007). The Court has “broad discretion to fashion ap- 17 propriate safeguards to protect the interests of incompetent persons and to 18 decide whether to appoint a guardian ad litem under Rule 17(c).” J.B. v. Ban- 19 ning Unified Sch. List., No. EDCV 18-2134-JGB, 2018 WL 6164312, at *1 20 (C.D. Cal. Oct. 18, 2018). 21 Here, both parents are parties. As a term of settlement, the United 22 States requires Plaintiffs to obtain court approval of the settlement. An inde- 23 pendent guardian ad litem will help the Court determine whether the settle- 24 ment is within the best interests of C.M. Page 2 of 6 Case 2:19-cv-01293-APG-VCF Document 68 Filed 01/11/22 Page 3 of 7 1 Plaintiffs request the Court appoint Chip Evans, Evans & Herlihy Law 2 Firm, 4407 Bee Caves Rd., Suite 611, Austin, TX 78746, as an appropriate 3 guardian ad litem for C.M. Plaintiffs currently live in the Killeen, Texas area 4 where they have purchased land and intend to live there permanently. Also, 5 their families live in Texas. 6 Plaintiffs have conferred with the United States, and they do not oppose 7 this appointment. Mr. Evans is a licensed attorney in Texas and has consid- 8 erable experience in serving as guardian for these types of cases. He is also 9 board certified by the Texas Board of Legal Specialization. Given C.M.’s sub- 10 stantial future medical needs in the local area of Texas where C.M. has his 11 permanent residence, it is important to provide a guardian ad litem who un- 12 derstands the availability of local medical care services. Plaintiffs contacted 13 Mr. Evans and he is willing to accept this appointment as guardian ad litem, 14 should the Court approve this motion. CONCLUSION 15 16 Plaintiffs request that the Court appoint Chip Evans as guardian ad li- 17 tem to review the settlement in the above styled case and report to the Court 18 on his review. Page 3 of 6 Case 2:19-cv-01293-APG-VCF Document 68 Filed 01/11/22 Page 4 of 7 Respectfully Submitted, /s/ Jamal Alsaffar JAMAL K. ALSAFFAR, pro hac vice jalsaffar@nationaltriallaw.com Texas State Bar #24027193 TOM JACOB, pro hac vice tjacob@nationaltriallaw.com Texas State Bar #24069981 Whitehurst, Harkness, Brees, Cheng, Alsaffar, Higginbotham, & Jacob PLLC 7500 Rialto Blvd, Bldg. Two, Ste 250 Austin, TX 78735 (512) 476-4346 (o) (512) 467-4400 (f) DANIAL LAIRD dan@lairdlaw.com Nevada Bar #11831 Laird Law PLLC 8991 West Flamingo Road, Suite C, Las Vegas, NV 89147 (702) 202-3091 (o) Attorneys for the Plaintiff Page 4 of 6 Case 2:19-cv-01293-APG-VCF Document 68 Filed 01/11/22 Page 5 of 7 1 2 3 CERTIFICATE OF CONFERENCE By my signature above, Plaintiffs have conferred with the Government and the Government does not oppose this motion. Page 5 of 6 Case 2:19-cv-01293-APG-VCF Document 68 Filed 01/11/22 Page 6 of 7 1 CERTIFICATE OF SERVICE 2 By my signature above, I certify that a copy of this pleading, Unopposed 3 Amended Motion to Appoint Guardian ad Litem, has been sent to the follow- 4 ing on December 23, 2021 via the Court’s CM/ECF notice system. Brianna Smith U.S. Attorney’s Of ce 501 Las Vegas Blvd South Suite 1100 Las Vegas, NV 89101702-388-6533 Brianna.Smith@usdoj.gov Attorney for the Defendant Page 6 of 6 Case 2:19-cv-01293-APG-VCF Document 68 Filed 01/11/22 Page 7 of 7 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA BLAKE and JENNA MILLER, Individually and on Behalf of C.M., a Minor Child, Case Number 2:19-cv-01293-APG-VCF Plaintiffs ORDER v. UNITED STATES OF AMERICA, Defendant 1 After reviewing the motion to appoint a guardian ad litem, the Court 2 ORDERS Chip Evans, Evans & Herlihy Law Firm, 4407 Bee Caves Rd., 3 Suite 611, Austin, TX 78746, shall be appointed the Guardian Ad Litem to 4 protect the interest of C.M. and to review the proposed settlement in the 5 above styled case. Within two weeks of the entry of this Order, Mr. Evans will 6 issue his report to the Court. 7 8 IT IS SO ORDERED. 9 10 11 ______________________________ ______________________________ Cam Ferenbach United States Magistrate Judge 12-29-2021 DATED ________________________ Page 1 of 1