James Dickey, Inc. et al v. Alterra America Insurance Company et al

Filing 35

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).

Download PDF
O 1 2 3 4 5 6 7 United States District Court Central District of California 8 9 10 11 JAMES DICKEY, INC., 12 13 14 15 16 17 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. 18 19 Plaintiff James Dickey, Inc. (“Dickey”) brought suit against Defendant Alterra 20 America Insurance Company (“AAIC”) for alleged breach of contract and tortious 21 breach of the implied covenant of good faith and fair dealing, and also seeks 22 declaratory relief. (First Amendment Complaint (“FAC”), ECF No. 29). Plaintiff’s 23 Complaint was originally filed in the San Bernardino Superior Court on March 23, 24 2015. (Notice of Removal, ECF No. 1, Ex. A Compl.) Defendants timely removed 25 the action to federal court on May 15, 2015. (Notice of Removal, ECF No. 1). 26 At issue is a dispute over an insurance claim for tools stolen from Dickey’s 27 equipment yard during a break-in. (Motion, ECF No. 32 1). Defendant seeks to 28 compel Dickey to submit to an appraisal of the stolen tools and to stay the case until 1 the appraisal process is complete. (Id.) 2 Defendant filed this motion on October 7, 2015, with a hearing date set for 3 November 9, 2015. (Id.) Should Dickey wish to oppose this motion, this opposition 4 was due October 19, 2015. To date, the Court has received no opposition. 5 Where a party does not oppose a Motion, the Court may grant it. See Local 6 Rule 7-9, 7-12; cf. Nomura v. Amazon.com, Inc., No. C-11-01210 HRL, 2013 WL 7 4928229, at *3 (N.D. Cal. Sept. 12, 2013) (“Nonopposition alone is sufficient to grant 8 [a] motion . . . .”). Therefore, the Court GRANTS Defendant’s Motion to Compel 9 Appraisal and to Stay the Action until the appraisal process is complete. 10 11 IT IS SO ORDERED. 12 13 October 21, 2015 14 15 16 ____________________________________ OTIS D. WRIGHT, II UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?