UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES—GENERAL

Case No. CV 20-7560-DMG (KSx) Date August 26, 2020

Title Masreshaw Ayele, et al. v. Aerovias de Mexico, S.A., de C.V., et al. Page 1 of 2

Present: The Honorable DOLLY M. GEE, UNITED STATES DISTRICT JUDGE

KANE TIEN NOT REPORTED

Deputy Clerk Court Reporter

Attorneys Present for Plaintiff(s) Attorneys Present for Defendant(s) None Present None Present

Proceedings: IN CHAMBERS — ORDER TO SHOW CAUSE WHY ACTION SHOULD

NOT BE DISMISSED AS MOOT [1]

On August 13, 2018, Plaintiffs Masreshaw Ayele and Marquita Tekoya Kersh filed a Complaint in Ayele v. Federal Aviation Administration, et al., CV 18-6933-DMG (“Ayele I”), alleging various claims arising out of a collision at Los Angeles International Airport. [Ayele I, Doc. # 1.] Defendants in Ayele I included Aerovias de Mexico, S.A., de C.V., also known as Aeromexico Airlines. See id. On July 27, 2020, the Court stayed Ayele I as to Aeromexico in light of the filing of Aeromexico’s Chapter 11 bankruptcy petition and the automatic stay provisions set forth in 11 U.S.C. § 362(a)(1). [Ayele I, Doc. # 53.] On August 21, 2020, Plaintiffs Ayele and Kersh filed a request for voluntary dismissal of Ayele I pursuant to Federal Rule of Civil Procedure 41(a)(2). [Ayele I, Doc. # 54.] In making their request for voluntary dismissal, Plaintiffs stated that “Plaintiffs have now received the settlement funds from [Defendant] Aeromexico. Having finalized their settlement with Aeromexico, and having previously dismissed all other defendants, Plaintiffs now request that the Court dismiss their Complaint.” Id. at 2. On August 26, 2020, the Court granted Plaintiffs’ request for voluntary dismissal and dismissed Ayele I in its entirety, including all claims against Defendant Aeromexico Airlines. [Ayele I, Doc. # 55.]

On July 14, 2020, Plaintiffs Masreshaw Ayele and Marquita Tekoya Kersh filed the instant civil action in Los Angeles Superior Court against Aeromexico and its counsel seeking damages for fraud/intentional misrepresentation, conspiracy, breach of contract and conversion related to the settlement of Plaintiffs’ claims against Aeromexico in Ayele I. [See Doc. # 11.] On August 20, 2020, Defendant Aeromexico removed the action to this Court. [Doc. # 1.]

Plaintiffs are ORDERED TO SHOW CAUSE in writing by no later than September 2, 2020 why this action should not be dismissed as moot in light of Plaintiffs’ finalized settlement with Aeromexico and acknowledged receipt of settlement funds. [See Ayele I, Doc. # 54 at 2.] See also Ecological Rights Found. v. Pac. Lumber Co., 230 F.3d 1141, 1153 (9th Cir. 2000)

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES—GENERAL

Case No. CV 20-7560-DMG (KSx) Date August 26, 2020

Title Masreshaw Ayele, et al. v. Aerovias de Mexico, S.A., de C.V., et al. Page 2 of 2

(“An action becomes moot if the controversy is no longer live because an event occurs that precludes the court from ordering effective relief.”).

IT IS SO ORDERED.