United States District Court, D. Nevada
TAMMARA TIMS and H.H., a minor by and through his Guardian Ad Litem, GENEVA ATTEBERRY, Plaintiffs,
CLARK COUNTY SCHOOL DISTRICT, KASEY GLASS, MARK CONNORS, and DOES 1-50, Defendants.
Michael A. Burke, Esq., NV Bar No. 11527 ROBISON, SIMONS,
SHARP & BRUST Todd A. Boley, Esq., CA Bar No. 68119 LAW
OFFICES OF TODD BOLEY Peter W. Alfert, Esq., CA Bar No. 83139
LAW OFFICE OF PETER ALFERT, PC Attorneys for Plaintiffs
PETITION FOR ORDER APPOINTING GUARDIAN AD LITEM FOR
MINOR IN INTEREST AND ORDER (PROPOSED)
to Sections 12.050 of the Nevada Revised Statutes and Rule
17(c) of the Federal Rules of Civil Procedure, Petitioner
GENEVA ATTEBERRY ("Attebery"), natural grandmother
of H.H., the minor child in interest of a civil rights and
injury claim, by and through her counsel, Michael A. Burke of
Robison, Simons, Sharp & Brust, hereby petitions this
Court for an order appointing Atteberry guardian ad
litem for H.H., minor child in interest. This Petition
is based upon the Declaration of Atteberry, attached hereto
as EXHIBIT 1, the contents of which are
incorporated as if fully set forth herein:
Atteberry was and is a resident of Clark County, Nevada, and
is the natural grandmother of H.H. See Declaration
of Geneva Atteberry ("Atteberry Dec") at ¶ 3.
was born on August 16, 2007, in Henderson, Nevada.
See Atteberry Dec. at ¶ 4.
has been diagnosed with Autism Spectrum Disorder and has
difficulty communicating verbally. Id.
was assigned to the special education classroom of Kasey
Glass, in the Clark County School District, beginning on or
about August, 2016. See Atteberry Dec. at ¶ 6.
information and belief, on March 15, 2017, Defendant GLASS
aggressively and intentionally grabbed, pulled and pushed
H.H, repeatedly pushed his head down with her foot and kicked
him in the head, deprived him of food and liquid by removing
it at mealtime before he was able to consume it by throwing
it away, restrained and pinned H.H. into his chair by pushing
a table up against his seated body, and intentionally
triggered his behaviors by taunting and humiliating him when
he indicated through sounds and hand gestures that he wanted
his food. GLASS also grabbed H.H.'s hands and bent them,
causing him to drop onto the floor and she intentionally
kicked H.H.'s hands. See Atteberry Dec. at
information and belief, as a result of Defendants'
actions, H.H. sustained personal injuries and emotional
distress. See Atteberry Dec. at ¶8.
17(c) of the Federal Rules of Civil Procedure provides as
(c) Minor or Incompetent Person. (1) With a
Representative. The following representatives may sue or
defend on behalf of a minor or an incompetent person: (A) a
general guardian; (B) a committee; (C) a conservator; or (D)
a like fiduciary. (2) Without a Representative. A minor or an
incompetent person who does not have a duly
appointed representative may sue by a next friend or by a
guardian ad litem. The court must appoint a guardian ad
litem-or issue another appropriate order-to
protect a minor or incompetent person who is unrepresented in
FRCP 17(c) (emphasis added).
minor child in interest, H.H., does not presently have any
representative or other fiduciary appointed for him. It is
appropriate in this matter for a guardian ad litem
to be appointed for him.
Atteberry appropriately files this petition pursuant to FRCP
17(c) and NRS 12.050, which provides that a guardian ad
litem may be appointed for the minor under the age of 14
years upon the application of a relative or friend of the
the time of the filing of this Petition, H.H., is 10 years