James Dickey, Inc. et al v. Alterra America Insurance Company et al
Filing
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ORDER GRANTING DEFENDANTS MOTION TO COMPEL APPRAISAL AND TO STAY THE ACTION 32 by Judge Otis D. Wright, II (lc). Modified on 10/21/2015 (lc).
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United States District Court
Central District of California
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JAMES DICKEY, INC.,
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Case No. 5:15-cv-0963-ODW(DTB)
Plaintiff,
v.
ORDER GRANTING
ALTERRA AMERICA INSURANCE
DEFENDANT’S MOTION TO
COMPANY, AND DOES 1–20,
COMPEL APPRAISAL AND TO
INCLUSIVE,
STAY THE ACTION [32]
Defendant.
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Plaintiff James Dickey, Inc. (“Dickey”) brought suit against Defendant Alterra
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America Insurance Company (“AAIC”) for alleged breach of contract and tortious
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breach of the implied covenant of good faith and fair dealing, and also seeks
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declaratory relief. (First Amendment Complaint (“FAC”), ECF No. 29). Plaintiff’s
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Complaint was originally filed in the San Bernardino Superior Court on March 23,
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2015. (Notice of Removal, ECF No. 1, Ex. A Compl.) Defendants timely removed
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the action to federal court on May 15, 2015. (Notice of Removal, ECF No. 1).
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At issue is a dispute over an insurance claim for tools stolen from Dickey’s
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equipment yard during a break-in. (Motion, ECF No. 32 1). Defendant seeks to
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compel Dickey to submit to an appraisal of the stolen tools and to stay the case until
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the appraisal process is complete. (Id.)
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Defendant filed this motion on October 7, 2015, with a hearing date set for
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November 9, 2015. (Id.) Should Dickey wish to oppose this motion, this opposition
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was due October 19, 2015. To date, the Court has received no opposition.
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Where a party does not oppose a Motion, the Court may grant it. See Local
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Rule 7-9, 7-12; cf. Nomura v. Amazon.com, Inc., No. C-11-01210 HRL, 2013 WL
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4928229, at *3 (N.D. Cal. Sept. 12, 2013) (“Nonopposition alone is sufficient to grant
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[a] motion . . . .”). Therefore, the Court GRANTS Defendant’s Motion to Compel
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Appraisal and to Stay the Action until the appraisal process is complete.
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IT IS SO ORDERED.
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October 21, 2015
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____________________________________
OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE
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