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American Economy Insurance Co. v. Herrera

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


January 19, 2007

AMERICAN ECONOMY INSURANCE COMPANY, AN INDIANA CORPORATION, PLAINTIFF,
v.
NICEFORO HERRERA, INDIVIDUALLY AND DOING BUSINESS AS ACAPULCO'S PRODUCE MARKET; MELNICK PROPERTIES LLC, A CONNECTICUT CORPORATION; LUIS BENITEZ; AND JOHANNA BENITEZ, BY AND THROUGH HER GUARDIAN AD LITEM, LUIS BENITEZ, DEFENDANTS.

The opinion of the court was delivered by: Hayes, J

ORDER REQUIRING DEFENDANT LUIS BENITEZ TO FILE STATEMENT

On December 18, 2006, Plaintiff filed a Petition for Appointment of Guardian Ad Litem to Defend This Action Against Minor ("Petition for Appointment") asking this Court to appoint Defendant Luis Benitez as guardian ad litem for minor Defendant Johanna Benitez for the purposes of defending this action of her behalf.*fn1 Neither Defendant Luis Benitez, nor any other party, filed a response to the Petition for Appointment. It appears from the Answer, filed on December 21, 2006 by Defendants Luis Benitez and Johanna Benitez jointly (through their attorney), that Luis Benitez consents to being appointed guardian ad litem for Johanna Benitez. However, prior to issuing an order to that effect, the Court will require Luis Benitez to make his consent explicit. Therefore, no later than SEVEN (7) DAYS from the date of entry of this Order, Defendant Luis Benitez is ORDERED to file a statement indicating whether he consents to being appointed guardian ad litem for Johanna Benitez for the purposes of litigating the above-styled action. After such time, the Court will rule on Plaintiff's Petition for Appointment.

IT IS SO ORDERED.

WILLIAM Q. HAYES United States District Judge


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