Walters Metal Corporation v. Universal Am-Can, Ltd. et al

Filing 114

AMENDED MEMORANDUM AND ORDER. Defendants J.D. Delancy, J & D Trucking, Inc., Slide-N-Ride Trucking, Inc., and Caren Ruth Vinson's Motion for Summary Judgment (Doc. 97) is GRANTED. Counts III, VIII, IX and X of Plaintiff's Amended Complaint are DISMISSED with prejudice. The Clerk of Court is directed to enter judgment accordingly at the close of this case. Plaintiff's Motion to Dismiss (Doc. 107) is DENIED as moot. Signed by Judge Staci M. Yandle on 7/30/15. (ajr)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

WALTERS METAL CORPORATION,
Plaintiff,
vs.

Case No. 13-cv-1271-SMY

UNIVERSAL AM-CAN, LTD., THE MASON
AND DIXON LINES, INCORPORATED,
SLIDE-N-RIDE TRUCKING, INC., J & D
TRUCKING, INC., JC PILOT CAR
SERVICE, CAROLYN SCHAFFER, J.D.
DELANEY and CAREN RUTH VINSON,
Defendants.

WALTERS METAL CORPORATION,
Plaintiff,
vs.

Case No. 15-cv-51-SMY-DGW

CARLA HENDRIX, ED HENDRIX,
EMERALD EQUIPMENT ESCORTS LLC,
SLIDE-N-RIDE TRUCKING, INC., J & D
TRUCKING, INC., CAREN RUTH VINSON,
J.D. DELANCY, MELINDA HILLENBERG
and CURTIS WELLS,
Defendants.

AMENDED MEMORANDUM AND ORDER
This matter comes before the Court on defendants J.D. Delancy, J & D Trucking, Inc.,
Slide-N-Ride Trucking, Inc., and Caren Ruth Vinson’s (collectively “Defendants”) Motion for
Summary Judgment (Doc. 97). In its Amended Complaint (Doc. 19), Plaintiff alleged Carmack
Amendment claims against each Defendant. Defendants argue they are entitled to judgment as a

matter of law as to those claims because they cannot be held liable under the Carmack
Amendment. The Carmack Amendment applies only to motor carriers or freight forwarders Defendants are neither. See 49 U.S.C. § 14706.
Pursuant to Local Rule 7.1, the Court construes Plaintiff’s failure to timely file a response
to Defendants’ motion as an admission of its merits. Accordingly, the motion is GRANTED.
Counts III, VIII, IX and X of Plaintiff’s Amended Complaint are DISMISSED with prejudice.
The Clerk of Court is directed to enter judgment accordingly at the close of this case. Plaintiff’s
Motion to Dismiss (Doc. 107) is DENIED as moot.

IT IS SO ORDERED.
DATED: July 30, 2015
s/ Staci M. Yandle
STACI M. YANDLE
DISTRICT JUDGE

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