This motion sought to correct the plaintiff's name to include a litigation guardian, Valerie Lummack by her litigation guardian Keith Lummack, due to Valerie's alleged mental incapacity.
The court reviewed conflicting expert evidence regarding Valerie's capacity to instruct counsel, noting discrepancies and the lack of accommodation for her communication deficits in the assessments.
The court emphasized the expert's duty to assist the court and directed the plaintiff's expert to conduct a further clinical interview with Valerie, specifically utilizing accommodations for her communication deficits, or provide reasons why such accommodations are unnecessary, within 30 days.
The defendants were granted leave to file a responding report.
