Joseph Pernica, litigation guardian for Ida Rubin, sought a case conference regarding his status amidst upcoming motions.
The endorsement addresses a purported motion by Sarah Werner to vary an order appointing Pernica as litigation guardian for Ida Rubin, arguing Pernica exceeded his mandate by obtaining Ida Rubin's banking records and challenging Ida Rubin's capacity.
The court declined to schedule Ms. Werner's motion, finding she lacked standing under Rules 59.06 and 7.06(1)(b).
The court affirmed Pernica's role as litigation guardian and provided specific directions for any future motion by Ida Rubin herself to remove the litigation guardian, emphasizing the need for transparency, personal affidavit, and attendance in open court for cross-examination due to the risk of abuse in ex parte proceedings.
The court also declined to stay the case, emphasizing the need for information sharing for mediation and a mechanism for fund distribution.
