Alejandro Guarachi v. Aspen Specialty Insurance Company et al

Filing 35

MINUTES IN CHAMBERS - COURT ORDER by Judge Percy Anderson. The Court orders the parties to show cause in writing why the Court's July 16, 2021 Order compelling appraisal issued in the First Action should not apply to the Second Action and why th e Second Action should not be administratively closed pending completion of the appraisal. The parties' responses to this order to show cause shall be filed by no later than August 15, 2022. Future failures to comply with the Court's orders may result in the imposition of sanctions. (SEE DOCUMENT FOR FURTHER DETAILS). (aco)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 21-1422 PA (MAAx)
CV 22-4931 PA (MAAx)

Title

Alejandro Guarachi v. Aspen Specialty Ins. Co.

Present: The Honorable

Date

August 2, 2022

PERCY ANDERSON, UNITED STATES DISTRICT JUDGE

Kamilla Sali-Suleyman

Not Reported

N/A

Deputy Clerk

Court Reporter

Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

None

None

Proceedings:

IN CHAMBERS - COURT ORDER

On December 30, 2020, plaintiff Alejandro Guarachi (“Plaintiff”) filed an action against
defendant Aspen Specialty Insurance Company (“Defendant”) in Los Angeles Superior Court.
Defendant removed the action to this Court on February 17, 2021(Case No. CV 21-1422) (the
“First Action”) . On July 16, 2021, the Court entered an order compelling the parties to
participate in an appraisal and staying the First Action pending the resolution of the appraisal
process. In compelling appraisal and staying the action, the Court ordered the parties to file a
Joint Status Report within two weeks of the completion of appraisal, and further ordered that the
parties file Joint Status Reports every four months if the appraisal was not completed by
November 1, 2021. Although the parties filed Joint Status Reports on October 29, 2021, and
February 28, 2022, the parties did not file the Joint Status Report that was due on or about July
1, 2022, despite the expiration of the deadline to do so. The Court, on July 18, 2022, therefore
dismissed the First Action without prejudice for failure to comply with the Court’s July 16, 2021
Order.
Rather than seek relief from the dismissal of the First Action and have that action
reinstated, Plaintiff filed a new action against Defendant in this Court on July 19, 2022 (Case
No. CV 22-4931) (the “Second Action”). The Court orders the parties to show cause in writing
why the Court’s July 16, 2021 Order compelling appraisal issued in the First Action should not
apply to the Second Action and why the Second Action should not be administratively closed
pending completion of the appraisal. The parties’ responses to this order to show cause shall be
filed by no later than August 15, 2022. Future failures to comply with the Court’s orders may
result in the imposition of sanctions.
IT IS SO ORDERED.

CV-90 (06/04)

CIVIL MINUTES - GENERAL

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