Woskow v. Lee

Filing 12

ORDER by Judge Richard Seeborg granting 10 Motion to Dismiss with leave to amend. (cl, COURT STAFF) (Filed on 8/30/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TIMOTHY WOSKOW,

Case No. 17-cv-04542-RS

Plaintiff,
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v.

ORDER GRANTING MOTION TO
DISMISS WITH LEAVE TO AMEND

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ALFRED LEE,
Defendant.

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United States District Court
Northern District of California

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Defendant Alfred Lee moves to dismiss plaintiff Timothy Woskow’s complaint, which

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advances California common law claims for negligence and breach of contract on the basis of Lee

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allegedly losing Woskow’s household items and ranch/farm equipment to theft while moving

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them from Arizona to California. Lee persuasively argues Woskow’s state-law claims are

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preempted by the Carmack Amendment, 49 U.S.C. § 14706. “It is well settled that the Carmack

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Amendment is the exclusive cause of action for interstate-shipping contract claims alleging loss or

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damage to property and thus completely preempts such claims.” Smallwood v. Allied Van Lines,

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Inc., 660 F.3d 1115, 1120 (9th Cir. 2011) (citation and internal quotation mark omitted). Woskow

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has not filed timely opposition to Lee’s motion. Pursuant to Civil Local Rule 7-1(b), the motion is

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suitable for disposition without oral argument. The hearing set for September 28, 2017, is hereby

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vacated, and the motion to dismiss is granted with leave to amend. Woskow shall submit any

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amended complaint within 21 days of the issuance of this order.

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IT IS SO ORDERED.

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Dated: August 30, 2017
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RICHARD SEEBORG
United States District Judge