Arieta et al v. Infoimpex, Inc. et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
OMAR ARIETA and ARACELY
ARIETA, individually, and as Next Friends
of A.A., O.A., J.A., Minor Children,
Plaintiffs,
v. 	No. 1:24-cv-917-MLG-KRS
INFOIMPEX, INC.; BAKHITYOR
TURUSNOV; HT TRUCKING, INC.; and
AMAZON LOGISTICS, INC.,
Defendants.
ORDER
Currently before the Court is the parties’ Joint Motion to Appoint Guardian Ad Litem (Doc.
96), filed January 5, 2026. On January 7, 2026, the Court ordered the parties to amend or
supplement their Joint Motion to: (1) inform the Court of the proposed GAL's qualifications to
serve as GAL, and (2) identify "Progressive" (paragraph 8 of Joint Motion) with more specificity
and disclose the basis for the Court to order Progressive to take any action. (Doc. 97). On January
9, 2026, the parties filed the Supplemental Motion To Appoint Guardian ad Litem (Doc. 98). The
Court, being fully advised, now grants the Motion as supplemented.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED as follows:
1. 	The appointment of a Guardian ad Litem (“GAL”) is necessary to assist the Court
in its review of the proposed settlement of this case involving claims of three minor children, A.A.
O.A., and J.A.
2. 	Appointing a GAL will ensure that any resolution of this matter adequately
considers the interests of the three minor children.
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3. 	The parties have agreed that Raynard Struck, of Medrano Struck, should serve as a
GAL in this case. The parties represent that Mr. Struck was admitted to the New Mexico State Bar
in 1999, and has served as Guardian ad Litem on more than 500 cases. In addition, Mr. Struck is
bilingual, and the guardians of the minor children are primarily Spanish speakers.
4. 	The parties and their counsel are not aware of any conflict that would prevent
Mr. Struck from serving as GAL for the minor children involved in this action.
5. 	Mr. Struck has agreed to serve as GAL with the approval of the Court.
6. 	The Court finds that Mr. Struck is qualified to serve as GAL.
7. 	Mr. Struck is to be appointed as an extension of the Court to assist in ensuring that
the rights of the three minor children are fully protected.
8. 	As GAL for the three minor children, Mr. Struck will:
a. 	Have independent status from all other parties and should be able to review
any documents, including, but not limited to, pleadings, depositions, medical and psychological
records, and other pertinent materials directly or indirectly related to the interests of the three minor
children with respect to the recommendation concerning the settlement of their claims.
b. 	Conduct an independent investigation and evaluation of the physical status
and needs of the three minor children. This investigation will be conducted by Mr. Struck in his
capacity as an arm of the Court and without the interference of any party to this case.
c. 	Evaluate the settlement proposal on behalf of the three minor children as an
arm of the Court, and report to the Court as to the fairness and reasonableness of the proposed
settlement, including the manner in which settlement proceeds are proposed to be distributed and
apportioned.
d. 	Be paid a reasonable fee by Defendants’ insurer, Progressive Insurance.
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8. 	Pursuant to his role as GAL for purposes of the Court’s evaluation of the settlement
of the claims at issue, all immunities and privileges available to a GAL, as set forth in Collins ex
rel.Collins v. Tabet, 1991-NMSC-013, 111 N.M. 391, 806 P.2d 40, will be extended to Mr. Struck
in this matter.
IT IS SO ORDERED this 12th day of January, 2026.
__________________________________
KEVIN R. SWEAZEA
UNITED STATES MAGISTRATE JUDGE
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