Great American Insurance Company of New York v. Forward Air, Inc.

Filing 11

ORDER: Defendant Forward Air, Inc.'s Motion to Dismiss Count II of Complaint and Strike Fee Claim 6 is GRANTED. Count II of the complaint is DISMISSED without prejudice. Plaintiff's request for attorney's fees 1 is STRICKEN. Signed by Judge James S. Moody, Jr on 5/12/2015. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION

GREAT AMERICAN INSURANCE
COMPANY OF NEW YORK, as
subrogee of BRINGER
CORPORATION,
Plaintiff,
v.

Case No: 5:15-cv-197-Oc-30PRL

FORWARD AIR, INC., a foreign
corporation,
Defendant.
________________________________/

ORDER
THIS CAUSE comes before the Court upon Defendant Forward Air, Inc.’s Motion
to Dismiss Count II of Complaint and Strike Fee Claim (Doc. 6) and Plaintiff’s response
consenting to the relief requested by Defendant (Doc. 9). By its motion, Defendant seeks
dismissal with prejudice of Plaintiff’s claim for negligence (Count II), arguing that the
claim for negligence under state law is preempted by the Carmack Amendment of the
Interstate Commerce Act under which Plaintiff seeks relief in Count I. (Doc. 6 at 2-6).
Defendant also seeks to strike Plaintiff’s request for attorney’s fees (Doc. 1, ¶ 23) because
Defendant argues that attorney’s fees are not recoverable under the Interstate Commerce
Act for cases involving non-household goods.

Plaintiff consents to dismissal of its claim for negligence (Count II) and its request
for attorney’s fees. (Doc. 9). However, Plaintiff requests that such dismissal be made
without prejudice.
Accordingly, it is therefore ORDERED AND ADJUDGED that:
1.

Defendant Forward Air, Inc.’s Motion to Dismiss Count II of Complaint and

Strike Fee Claim (Doc. 6) is GRANTED.
2.

Count II of the complaint is DISMISSED without prejudice.

3.

Plaintiff’s request for attorney’s fees (Doc. 1, ¶ 23) is STRICKEN.

DONE and ORDERED in Tampa, Florida, this 12th day of May, 2015.

Copies furnished to:
Counsel/Parties of Record

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