Estate of Ricardo Escobedo et al v. City of Redwood City et al Doc.

133
Case 3:03-cv-03204-CRB Document 133 Filed 02/13/2006 Page 1 of 1

1
2
3
4
5
6
7
IN THE UNITED STATES DISTRICT COURT
8
9 FOR THE NORTHERN DISTRICT OF CALIFORNIA
10
11 ESTATE OF RICARDO ESCOBEDO ET AL, No. C03-03204 MJJ
United States District Court

Plaintiff, ORDER RE SUPPLEMENTAL

For the Northern District of California

12
BRIEFING
13 v.
14 CITY OF REDWOOD CITY ET AL,
15 Defendant.
/
16
17 In preparation for oral argument on the parties’ respective objections to the Report and

18 Recommendation, the Court directs the parties to file briefs, not exceeding five pages, discussing Gibbs

19 v. Carnival Cruise Lines, 314 F.3d 125, 134-35 (3rd Cir. 2002), and M.S. v. Wermers, 557 F.2d 170, 174

20 n.4 (8th Cir. 1977), in light of the parties’ positions regarding the appointment of Ms. Gagey as guardian

21 ad litem. Specifically, these decisions hold that appointment of a guardian ad litem is procedural rather

22 than substantive in nature, and therefore the Federal Rules of Civil Procedure, rather than state rules,

23 apply. The parties shall file their briefs by 8:30 a.m. on February 14, 2006. Any arguments not

24 pertaining to the discussion of these decisions will be stricken.

25 IT IS SO ORDERED.

26
27 Dated: February 13, 2006
MARTIN J. JENKINS
28 UNITED STATES DISTRICT JUDGE

Dockets.Justia.com