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KILE v. U.S.

No. 18-7004.

915 F.3d 682 (2019)

Angela KILE; Jody Lemmings, Plaintiffs, v. UNITED STATES of America, Defendant-Appellee, and CompHealth, Inc., a Delaware Corporation Formerly Known as C.H.S., Inc; CompHealth Medical Staffing, Inc., a Delaware Corporation; Romulo G. Perez, Defendants. Barbara Lemmings; Oran Hurley, Jr., Movants-Appellants.

United States Court of Appeals, Tenth Circuit.

Corrected February 15, 2019.

Attorney(s) appearing for the Case

George W. Braly , Braly, Braly, Speed & Morris, PLLC, Ada, Oklahoma, appearing for Appellants Barbara Lemmings and Oran Hurley, Jr.

Elliott M. Davis , Trial Attorney, United States Department of Justice, Washington D.C. ( Susan Stidham Brandon , Assistant United States Attorney, United States Attorney's Office, Muskogee, OK, with him on the brief), appearing for Appellee United States of America.

Before McHUGH, MURPHY, and CARSON, Circuit Judges.

Federal Rule of Civil Procedure 17 controls when a district court must appoint a guardian ad litem for a minor settling claims with a defendant. The plain language of the Rule is clear: a district court is not required to appoint a guardian ad litem every time it considers the fairness of a settlement. Rather, a district court...

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