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