Robbins v. mscripts, LLC

Background

Kent Robbins brought a proposed class action against mscripts, LLC, alleging that a misconfiguration in the company’s cloud-storage environment exposed client data over a six-year period. The opinion says that Robbins’s personal information was exposed because of his pharmacy contracts with mscripts. He asserted contract, tort, and invasion-of-privacy claims on behalf of a proposed nationwide class.

Robbins moved under Federal Rule of Civil Procedure 17(c) for appointment of his wife, Sarah Robbins, as his guardian ad litem. A guardian ad litem is a person appointed to protect and represent an incompetent person’s interests in a lawsuit. Robbins said he had dementia and was not competent to represent himself. Sarah Robbins submitted sworn declarations describing his diagnosis, his limited decision-making ability, her caregiving responsibilities, and her durable power of attorney to make healthcare decisions. The opinion notes that two exhibits referenced in the declarations—health records and a power-of-attorney and advance-healthcare-directive document—were not attached.

Defendant’s Position and Requested Discovery

mscripts said it needed more information before taking a position on the motion. It requested limited discovery, including written questions, requests for admission, document requests, and a deposition or live testimony from Robbins or Sarah Robbins. It also sought the ability to challenge the appointment later if the factual record warranted it. The court ordered the parties to confer about appropriate discovery, but Robbins argued that no further discovery was necessary.

Legal Standard

Rule 17(c)(2) requires a court to appoint a guardian ad litem, or issue another appropriate order, to protect an incompetent person who is unrepresented in an action. Under the standard applied by the court, a person is incompetent if he lacks the capacity to understand the nature or consequences of the proceeding or cannot assist counsel in preparing the case. The court said incompetence must be supported by a preponderance of the evidence, meaning evidence showing that the conclusion is more likely true than not.

The court explained that no particular type of evidence is mandatory. Courts may consider sworn declarations from people who know the person, medical records or diagnoses, counsel’s representations, government reports, and the court’s own observations. A guardian ad litem for an incompetent adult must consent to the appointment or receive notice and a hearing. The proposed guardian must be genuinely dedicated to the person’s best interests; courts may consider the proposed guardian’s relationship with the person, experience, objectivity, and expertise.

Analysis

The court held that the existing record was sufficient despite the case’s proposed class-action status. It found that Sarah Robbins’s declarations showed that Robbins had been diagnosed with brain disease and dementia and that the condition significantly limited his decision-making. The court concluded that a preponderance of the evidence showed that Robbins could not assist counsel in preparing the case.

The court also found Sarah Robbins suitable. Robbins consented to her appointment, she was not a party, she was his wife, and the record showed that she was able to represent him. The defendant did not argue that she had a conflict of interest. The court rejected the argument that a physician’s letter or additional discovery was required, explaining that the law did not require a specific kind of evidence for this determination.

The court added that mscripts could raise any adequacy concerns at the class-certification stage. It also said that the appointment or the finding of incompetence could be challenged later if warranted, and that a court could remove a guardian ad litem who acted irresponsibly, developed a conflict of interest, or improperly represented the incompetent party.

Disposition

The court granted the motion and appointed Sarah Robbins as guardian ad litem for Kent Robbins. The order resolved ECF No. 4.