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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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 TIMOTHY WOSKOW, Case No. 17-cv-04542-RS Plaintiff, 6 v. ORDER GRANTING MOTION TO DISMISS WITH LEAVE TO AMEND 7 8 ALFRED LEE, Defendant. 9 10 United States District Court Northern District of California 11 Defendant Alfred Lee moves to dismiss plaintiff Timothy Woskow’s complaint, which 12 advances California common law claims for negligence and breach of contract on the basis of Lee 13 allegedly losing Woskow’s household items and ranch/farm equipment to theft while moving 14 them from Arizona to California. Lee persuasively argues Woskow’s state-law claims are 15 preempted by the Carmack Amendment, 49 U.S.C. § 14706. “It is well settled that the Carmack 16 Amendment is the exclusive cause of action for interstate-shipping contract claims alleging loss or 17 damage to property and thus completely preempts such claims.” Smallwood v. Allied Van Lines, 18 Inc., 660 F.3d 1115, 1120 (9th Cir. 2011) (citation and internal quotation mark omitted). Woskow 19 has not filed timely opposition to Lee’s motion. Pursuant to Civil Local Rule 7-1(b), the motion is 20 suitable for disposition without oral argument. The hearing set for September 28, 2017, is hereby 21 vacated, and the motion to dismiss is granted with leave to amend. Woskow shall submit any 22 amended complaint within 21 days of the issuance of this order. 23 24 IT IS SO ORDERED. 25 26 27 28 Dated: August 30, 2017 ______________________________________ RICHARD SEEBORG United States District Judge

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