EXHIBIT 3

Case 2:17-cv-04565-DLR Document 381-3 Filed 11/30/21 Page 1 of 11
Exhibit A 

Case 2:17-cv-04565-DLR Document 381-3 Filed 11/30/21 Page 2 of 11
1 

2 

3 

4 

5 

6 

Daniel J. O'Connor, Jr., Bar No. 010081 

Karen J. Stillwell, Bar No. 022711 

O'CONNOR & DYET, P.C. 

7955 South Priest Drive 

Tempe, Arizona 85284 

daniel.oconnor@occlaw.com 

karen.stillwell@occlaw.com 

(602) 241-7000 

Attorneys for Interested Parties, City of Phoenix, 

8 

9 

10 

7 Antonio Tarango, Officer Oswald Grenier, 

Officer Kevin McGowan, Officer Jason Hobel, 

Officer Ronaldo Canilao, Officer David Head, 

Officer Susan Heimbigner, Officer James Clark, 

Officer Dennis Leroux, Officer Ryan Nielsen, 

and Officer Steven Wong 

11 

12 

13 

14 

ARIZONA SUPERIOR COURT 

MARICOPA COUNTY 

In the Matter of the Estate of Case No.: PB2017-091535 

15 MUHAMMADABDULMUHAYMIN, 

JR., 

STIPULATED MOTION FOR 

APPOINTMENT OF STATUTORY 

REPRESENTATIVE FOR MINOR IN 

CONNECTION WITH ONGOING 

FEDERAL LAWSUIT 

16 

17 

18 

19 

20 

21 

Deceased. 

(Assigned to the Honorable Susan White) 

Mussalina Muhaymin, as Personal Representative of this Estate ("Personal 

Representative"), Interested parties, City of Phoenix, Antonio Tarango, Officer Oswald 

22 

23 

Grenier, Officer Kevin McGowan, Officer Jason Hobel, Officer Ronalda Canilao, Officer 

David Head, Officer Susan Heimbigner, Officer James Clark, Officer Dennis Leroux, 

24 

25 

26 

Officer Ryan Nielsen, arid Sergeant Steven Wong (collectively "Phoenix Defendants"), 

and current Guardian Ad Litem, Brian J. Theut, hereby stipulate to the appointment of 

Case 2:17-cv-04565-DLR Document 381-3 Filed 11/30/21 Page 3 of 11
1 Brian J. Theut as the statutory representative for Decedent's minor daughter. 141• 

2 - • in connection with the ongoing Federal Lawsuit. The parties submit the 

3 following for the Court's consideration: 

4 A. BACKGROUND 

5 On October 26, 2017, Mussalina Muyahmin was appointed as the Personal 

6 Representative for the Estate of Muhammad Abdul Muhaymin. At that time of his death, 

7 Muhammad Abdul Muhaymin had two children - an adult son and a minor daughter, 

8 ("A.M."). On that same date, Mr. Brian J. Theut was appointed as the 

9 Guardian ad Litem to represent the best interests of the minor child, A.M., in the Probate 

A.M . 

10 Action. 

11 On December 8, 2017, a wrongful death and Section 1983 lawsuit was filed by 

12 Mussalina Muhaymin, as Personal Representative for the Estate of Muhammad Abdul 

13 Muhaymin, Jr., acting on behalf of the statutory beneficiaries. See Muhaymin v. City of 

14 Phoenix, et al., l 7-cv-04565-PHX-SMB, District Court of Arizona ("the federal lawsuit"). , 

15 The federal lawsuit was filed against the City of Phoenix, ten individual police officers, 

16 and a City of Phoenix employee. 

17 The only individuals who can claim damages (and try to recover) in the 

18 aforementioned federal lawsuit would be the statutory beneficiaries - the adult son and a 

19 minor child, A.M. As the parties participated in discovery and depositions in the federal 

20 lawsuit, it was discovered that A.M. is involved in an ongoing Juvenile Dependency action 

21 in Maricopa County Superior Court, believed to be under case number JD27750. 1 Mr. 

22 Theut, the Guardian Ad Litem for minor, A.M., in the Juvenile Dependency Action and 

23 this underlying Probate Action, has not been involved in the federal lawsuit to this point. 

24 

25 

26 1 Undersigned counsel does not have access to the pleadings or related information to 

JD27750, and it is believed that A.M. may be involved in more than one juvenile action. 

Case 2:17-cv-04565-DLR Document 381-3 Filed 11/30/21 Page 4 of 11
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

It is undersigned counsef s understanding that A.M. has been placed with Mussalina 

Muhaymin (the Personal Representative) in a kinship placement; however, Ms. Muhaymin 

has no legal authority to act on behalf of or bind A.M. in the federal lawsuit related to the 

state law claims for wrongful death. Similarly, it is undersigned counsel's understanding 

that A.M. 's mother does not have legal authority to act on behalf of or bind A.M. in the 

federal lawsuit, in light of the ongoing Juvenile Dependency action. 

B. APPOINTMENT OF A STATUTORY REPRESENTATIVE IS 

NECESSARY TO ACT IN THE MINOR CHILD'S BEST INTERESTS 

AND TO BIND AND HAS AUTHORITY TO BIND AND ACT ON HER 

BEHALF IN THE FEDERAL LAWSUIT; HOWEVER, SUCH 

AUTHORITY IS SUBJECT TO THE APPROVAL OF THE MARI COP A 

COUNTY SUPERIOR COURT. 

Arizona Revised Statutes § 14-1408(A) provides that the Court may appoint a 

representative "to receive notice, give consent and otherwise represent, bind and act on 

behalf of a minor . . . " where the Court determines an interest is not represented. It is 

imperative that A.M. have a statutory representative appointed to bind and 

act on her behalf, execute authorizations on her behalf, and make monetary or strategic 

decisions on her behalf, in the Federal Lawsuit. 

C. PROPOSED STATUTORY REPRESENTATIVE 

The parties respectfully request that the current Guardian Ad Litem in the Juvenile 

Action and Probate Action, Mr. Brian J. Theut, also be appointed as the statutory 

representative for A.M. in connection with the ongoing Federal Lawsuit. In 

light of Mr. Theut's current appointment, knowledge, and history regarding 14111 

. _, the parties agree he is the most appropriate person to be appointed as the 

statutory representative for A.M . in connection with the Federal Lawsuit. 

The parties request that Mr. Theut's appointment afford him the legal authority to bind 

A.M . in the Federal Lawsuit, act on behalf of A.M. in the 

Federal Lawsuit, execute authorizations on behalf of A.M. in the Federal 

Case 2:17-cv-04565-DLR Document 381-3 Filed 11/30/21 Page 5 of 11
1 Lawsuit, and make monetary or strategic decisions on behalf of A.M. in the 

2 Federal Lawsuit; however, such authority is subject to the Approval of the Maricopa 

3 County Superior Court. Mr. Theut has agreed to this appointment, as evidenced by his 

4 signature hereto. 

5 D. CONCLUSION 

6 The parties, through undersigned counsel, hereby request the Court appoint attorney 

7 Brian J. Theut as the statutory representative for A.M. in connection with the 

8 ongoing Federal Lawsuit. The parties further request the Court afford Mr. Theut the legal 

9 authority to bind, act on behalf of, execute authorizations, and make monetary or strategic 

10 decisions on behalf of A.M. in the Federal Lawsuit; however, such authority 

11 is subject to the Approval of the Maricopa Count).: Superior Court. 

12 RESPECTFULLY SUBMITTED thisJU~ay f M h, 2020. 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

------ ==--=-=-

ney1of""Plaintiff }vfussali a 

uhaymin, as Personal 

Representative of the Estate of 

Muhammc;zd Abdul Muhaymin, Jr., 

in pending Federal lawsuit 17-cv045 65-P HX-SMB 

Case 2:17-cv-04565-DLR Document 381-3 Filed 11/30/21 Page 6 of 11
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

Or$t-al of the foregoing filed this 

18 Sll day of March, 2020, with: 

19 Clerk of the Court 

20 Maricopa County Superior Court 

Central Court Building, 1st floor 

201 West Jefferson 21 

22 Phoenix, AZ 85003 

23 Copy of the foregoing 

24 sent by e1~p and USPS mail on 

March~20, to: 

25 

26 

en mg uvenz e 

27750, and pending 

17-091535 

h,,,.,,_.....,or , Interested Parties, 

City of Phoenix, Antonio Tarango, 

Officer Oswald Grenier, Officer 

Kevin McGowan, Officer Jason 

Hobel, Officer Ronaldo Canilao, 

Officer David Head, Officer Susan 

Heimbigner, Officer James Clark, 

Officer Dennis Leroux, Officer 

Ryan Nielsen, and Sgt. Steven Wong 

Case 2:17-cv-04565-DLR Document 381-3 Filed 11/30/21 Page 7 of 11
1 

2 

3 

David A. Chami 

Price Law Group, APC 

8245 N. 85th Way 

Scottsdale, AZ 85258 

david@pricelawgroup.com 

4 Attorney for Plaintiff Mussalina Muhaymin, 

as Personal Representative of the Estate of 

5 Muhammad Abdul Muhaymin, Jr., in• 

6 pending Federal lawsuit 17-cv-04565-PHX-SMB 

7 Haytham Faraj 

Law Offices ofHaytham Faraj 8 193 5 W Belmont Ave. 

9 Chicago, IL 60657 

haytbam@farajlaw.com 

10 Attorney for Plaintiff Mussalina Muhaymin, 

as Personal Representative of the Estate of 

Muhammad Abdul Muhaymin, Jr. in 11 

12 pending Federal lawsuit l 7-cv-04565-PHX-SMB) 

13 Yaser Ali 

14 Yaser Ali Law 

2163 E. Baseline Road, Suite 105 

15 Tempe, AZ 85283 

16 yali@yaseralilaw.com 

Attorney for Petitioner Mussalina Muhaymin, 

17 as Personal Representative of the Estate of 

Muhammad Abdul Muhaymin, Jr., in 

18 pending probate PB2017-091535) 

19 

Brian J. Theut 

20 Theut, Theut & Theut 

5150 North 16th Street 

Phoenix, AZ 85016 21 

22 brian@tbeutlaw.com 

Guardian Ad Litem for A.M . 23 in pending Juvenile Dependency JD27750, and 

24 pending Probate PB2017-091535 

25 

26 Copy of the foregoing sent by USPS 

Mail March~020 to: . 

-6-

Case 2:17-cv-04565-DLR Document 381-3 Filed 11/30/21 Page 8 of 11
1 Joshua Fulkerson 

2 Arizona Child Protected Services 

4000 N. Central Ave., Suite 400 

3 Phoenix, AZ 85012 

4 Case!r for ~ , a minor 

5 By: ,6/I_Le4~ 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

' 26 

- 7 -

Case 2:17-cv-04565-DLR Document 381-3 Filed 11/30/21 Page 9 of 11
1 Daniel J. O'Connor, Jr., Bar No. 010081 

Karen J. Stillwell, Bar No. 022711 

2 O'CONNOR & DYET, P.C. 

7955 South Priest Drive 

3 Tempe, Arizona 85284 

4 daniel.oconnor@occlaw.com 

karen .stillwell@occlaw.com 

5 (602) 241-7000 

6 Attorneys for Interested Parties, City of Phoenix, 

7 Antonio Tarango, Officer Oswald Grenier, 

Officer Kevin McGowan, Officer Jason Hobel, 

Officer Rona/do Canilao, Officer David Head, 

Officer Susan Heimbigner, Officer James Clark, 

Officer Dennis Leroux, Officer Ryan Nielsen, 

8 

9 

10 and Officer Steven Wong 

11 

12 

ARIZONA SUPERIOR COURT 

MARICOPA COUNTY 

13 In the Matter of the Estate of Case No.: PB2017-091535 

14 

.

15 MUHAMMADABDULMUHAYMIN, 

JR., 

Deceased. 

ORDER APPOINTING STATUTORY 

REPRESENTATIVE FOR MINOR IN 

CONNECTION WITH ONGOING 

FEDERAL LAWSUIT 

(Assigned to the Honorable Susan White) 

16 

17 

18 

19 

20 

21 

Upon Stipulation of the parties, and good cause appearing; 

IT IS HEREBY ORDERED appointing Brian J. Theut as the statutory 

22 representative for Decedent's minor daughter, A.M. , in connection with the 

23 ongoing Federal Lawsuit, Muhaymin v. City of Phoenix, et al., pending in the Arizona 

24 District Court, Case No. 17-cv-04565-PHX-SMB. 

25 IT IS FURTHER ORDERED that Mr. Theut has the legal authority to bind, act on 

26 behalf of, execute authorizations, and make monetary or strategic decisions, on behalf of 

Case 2:17-cv-04565-DLR Document 381-3 Filed 11/30/21 Page 10 of 11
1 A.M . in the Federal Lawsuit; however, such authority is subject to the 

2 Approval of the Maricopa County Superior Court. 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

DATED: ______ _ 

- 2 -

Honorable Susan White 

Superior Court Judge 

Case 2:17-cv-04565-DLR Document 381-3 Filed 11/30/21 Page 11 of 11