Amerifreight, Inc. dba Logistics Team v. Belacon Pallet Services, LLC

Filing 25

ORDER granting Defendant's Motion to Dismiss or Transfer 12 by Judge Ronald S.W. Lew. Defendant Belacon Pallet Services, LLCs Motion to Dismiss 12 is GRANTED on the grounds set forth in this Courts Order re: Defendants Motion to Dismiss or Transfer 21 . The Court finds that dismissal is warranted by virtue of the first to file rule, and DISMISSES Plaintiff Amerifreight, Inc.'s action WITH PREJUDICE. MD JS-6. Case Terminated. (jre)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10
11
12 AMERIFREIGHT, INC. dba
LOGISTICS TEAM,
13
14
15

Plaintiff,
v.

16
BELACON PALLET SERVICES,
17 LLC,
18
Defendant.
19
20
21

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

CV 15-05607-RSWL-JPRx
ORDER granting
Defendant’s Motion to
Dismiss or Transfer [12]

The Court is in receipt of the Joint Report

22 Regarding Status of Florida Action [24] (“Joint
23 Report”).

On November 10, 2015, this Court stayed

24 these proceedings pending the Florida district court’s
25 ruling on the Motion to Dismiss the first-filed Florida
26 action [21].
27

On March 26, 2016, the United States District Court

28 for the Northern District of Florida denied the Motion
1

1 to Dismiss filed in Belacon Pallet Services, LLC v.
2 Amerifreight, Inc., No. 15-cv-00191-MW-GRJ.
3

Having reviewed all papers submitted pertaining to

4 this Motion, the Court NOW FINDS AND RULES AS FOLLOWS:
5 Defendant Belacon Pallet Services, LLC’s Motion to
6 Dismiss [12] is GRANTED on the grounds set forth in
7 this Court’s Order re: Defendant’s Motion to Dismiss or
8 Transfer [21].

The Court finds that dismissal is

9 warranted by virtue of the first to file rule, and
10 DISMISSES Plaintiff Amerifreight, Inc.’s action WITH
11 PREJUDICE.
12 IT IS SO ORDERED.
13
14 DATED: April 13, 2016

s/ RONALD S.W. LEW

15

HONORABLE RONALD S.W. LEW
Senior U.S. District Judge

16
17
18
19
20
21
22
23
24
25
26
27
28
2