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Tims v. Clark County School District

United States District Court, D. Nevada

January 5, 2018

TAMMARA TIMS and H.H., a minor by and through his Guardian Ad Litem, GENEVA ATTEBERRY, Plaintiffs,
v.
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)

         Pursuant 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:

         1. 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.

         2. H.H. was born on August 16, 2007, in Henderson, Nevada. See Atteberry Dec. at ¶ 4.

         3. H.H. has been diagnosed with Autism Spectrum Disorder and has difficulty communicating verbally. Id.

         4. H.H. 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.

         5. On 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 ¶7.

         6. On information and belief, as a result of Defendants' actions, H.H. sustained personal injuries and emotional distress. See Atteberry Dec. at ¶8.

         7. Rule 17(c) of the Federal Rules of Civil Procedure provides as follows:

(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 an action.

FRCP 17(c) (emphasis added).

         The 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.

         8. 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 infant.

         9. At the time of the filing of this Petition, H.H., is 10 years old. ...


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