Faircloth v. PowerSchool Group LLC

[6] 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA [9] 10 JACLYN BROOKE FAIRCLOTH, as No. 2:25-cv-00252-DJC-JDP guardian ad litem of H.F. and on 11 behalf of all others similarly situated, 12 Plaintiff, ORDER 13 v. 14 POWERSCHOOL GROUP LLC, et al., 15 Defendants. [16] 17 Before the Court is Jaclyn Brooke Faircloth’s petition to be appointed as 18 guardian ad litem for Plaintiff H.F., her minor child. (ECF No. 9.) Defendants have not 19 opposed this request. 20 “To maintain a suit in a federal court, a child or mental incompetent must be 21 represented by a competent adult.” Doe ex rel. Sisco v. Weed Union Elementary Sch. 22 Dist., 2:13-cv01145, 2013 WL 2666024 at *1 (E.D. Cal. June 12, 2013) (citation 23 omitted); see also Fed. R. Civ. P. 17(c)(2) (“The court must appoint a guardian ad 24 litem—or issue another appropriate order—to protect a minor or incompetent person 25 who is unrepresented in an action.”). Under Rule 17, a court may appoint a “general 26 guardian”; “committee”; “conservator”; or “like fiduciary” to sue on behalf of the 27 minor. Fed. R. Civ. P. 17(c)(1). In pertinent part, Local Rule 202(a) of this Court further 28 states: 1 Upon commencement of an action or upon initial appearance in defense of an action by or on behalf of a 2 minor or incompetent person, the attorney representing the minor or incompetent person shall present . . . a motion for 3 the appointment of a guardian ad litem by the Court, or . . . a showing satisfactory to the Court that no such appointment 4 is necessary to ensure adequate representation of the minor or incompetent person. [5] 6 See L.R. 202(a). The decision to appoint a guardian ad litem “must normally be left to 7 the sound discretion of the trial court . . . .” United States v. 30.64 Acres of Land, 795 8 F.2d 796, 804 (9th Cir. 1986). Where there is no conflict of interests between the 9 minor and their parent, the parent is generally appointed as guardian ad litem. See 10 Akey v. Placer Cnty., 2:14-cv-02402-KJM-KJN, 2014 WL 12917496 , at *1 (E.D. Cal. 11 Dec. 30, 2014) (“A parent is generally appointed guardian ad litem . . . [unless] there is 12 a conflict between the interests of the minor children and those of the parents.” 13 (citations omitted)). 14 The Court has considered the petition and finds no apparent conflict that would 15 preclude Ms. Faircloth from serving as guardian ad litem to Plaintiff H.F. The petition 16 indicates that Ms. Faircloth is H.F.’s mother, legal guardian, and primary caretaker, and 17 is willing to serve as H.F.’s guardian ad litem. (ECF No. 9-1 ¶¶ 1, 3, 7.) The petition 18 further indicates that Ms. Faircloth is fully competent to understand and protect the 19 rights of H.F. (Id. ¶¶ 5, 7.) Finally, the petition states that Ms. Faircloth has no adverse 20 interest to H.F. and notes that she is well-acquainted with his needs and has his best 21 interests at heart. (Id. ¶ 3.) 22 Accordingly, IT IS HEREBY ORDERED that Jaclyn Brooke Faircloth’s petition 23 (ECF No. 9) is GRANTED; she is appointed in this action as guardian ad litem for minor 24 Plaintiff H.F. The hearing on this matter currently set for March 20, 2025, is VACATED. [25] 26 Dated: February 24, 2025 /s/ Daniel J. Calabretta THE HONORABLE DANIEL J. CALABRETTA [27] UNITED STATES DISTRICT JUDGE