Skanes v. FedEx (MAG+)

Filing 39

ORDER: it is ORDERED that (1) The 37 Recommendation is ADOPTED; (2) The 29 motion for summary judgment filed by Defendant Federal Express Corporation is GRANTED; (3) The 31 motion for summary judgment filed by Defendant FedEx Ground is GRANTED in part as to Plaintiff's state law claims, as these claims are preempted by the Carmack Amendment, 49 U.S.C. § 14706; (4) This matter is referred back to the Magistrate Judge for further proceedings, including a recommended disposition o n FedEx Ground's 31 motion for summary judgment as to Plaintiff's Carmack Amendment claim. It is further ORDERED that: (1) FedEx Ground's 38 motion to amend/correct an exhibit used in support of its motion for summary judgment is G RANTED and that Defendant may file the evidence on or before February 3, 2016; and (2) Plaintiff may file a brief and evidence in response to the new evidence on or before February 12, 2016. Signed by Chief Judge William Keith Watkins on 1/29/2016. (kh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
DEBRA SKANE,
Plaintiff,
v.
FEDEX, et al.,
Defendants.

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CASE NO. 2:15-CV-134-WKW

ORDER
On January 12, 2016, the Magistrate Judge filed a Recommendation to
which no timely objections have been filed. (Doc. # 37.) Upon an independent
review of the file and upon consideration of the Recommendation, it is ORDERED
that
(1)

The Recommendation is ADOPTED;

(2)

The motion for summary judgment filed by Defendant Federal

Express Corporation (Doc. # 29) is GRANTED;
(3)

The motion for summary judgment filed by Defendant FedEx Ground

(Doc. # 31) is GRANTED in part as to Plaintiff’s state law claims, as these claims
are preempted by the Carmack Amendment, 49 U.S.C. § 14706;

(4)

This matter is referred back to the Magistrate Judge for further

proceedings, including a recommended disposition on FedEx Ground’s motion for
summary judgment (Doc. # 31) as to Plaintiff’s Carmack Amendment claim.
It is further ORDERED that:
(1)

FedEx Ground’s motion to amend/correct an exhibit used in support

of its motion for summary judgment (Doc. # 38) is GRANTED and that Defendant
may file the evidence on or before February 3, 2016; and
(2)

Plaintiff may file a brief and evidence in response to the new evidence

on or before February 12, 2016.1
DONE this 29th day of January, 2016.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

1

Plaintiff should refer to the Magistrate Judge’s order of October 15, 2015 (Doc. # 35),
for guidance about responding to a motion for summary judgment.