Opinion
CASE NO. 1:13-cv-439 LJO-GSA
04-22-2013
JOSEPH ROBERT McCLINTIC, an individual, by and through his Guardian ad Litem, MARLENE A. HUBBELL in her capacity as co-trustee of the JOSEPH ROBERT McCLINTIC LIVING TRUST, Plaintiffs, v. UNITED STATES POSTAL SERVICE; BERTHA CERVANTES, individually and (Doc. 3) in her official capcity; and DOES 1 THROUGH 50, inclusive, Defendants.
ORDER APPOINTING GUARDIAN AD
LITEM FOR JOSEPH McCLINTIC
On March 25, 2013, Plaintiff, filed an Ex Parte Application for Appointment of Guardian ad Litem for Mr. Jospeh Robert McClintic ("Mr. McClintic"). (Doc. 3). Mr. McClintic is eighty-four (84) years of age and resides in an assisted living facility. The Court takes judicial notice of the fact that Mr. McClintic is presently subject to a temporary conservatorship pursuant to orders made in the matter of Conservatorship of the Person and Estate of Joseph Robert McClintic, Fresno County Superior Court, Case No. 10 CEPR01130.
Ms. Hubbell is the natural daughter of Mr. McClintic and has requested that she be appointed his guardian ad litem in this action. She is currently co-trustee of The Joseph Robert McClintic Living Trust dated June 4, 2010. She is also an attorney who is admitted and licensed to practice law in the State of California as well as before this Court.
The court has determined that pursuant to Federal Rule of Civil Procedure 17(c), a guardian ad litem is appropriate. Upon a consideration of the application, the court has determined that the petition should be granted.
IT IS HEREBY ORDERED that Marlene A. Hubbell is appointed as guardian ad litem for plaintiff Joseph Robert McClintic in this action.
IT IS SO ORDERED.
Gary S. Austin
UNITED STATES MAGISTRATE JUDGE