Total Quality Logistics, LLC v. Trans East, Inc

Filing 9

ORDER granting 3 Motion to Dismiss for Failure to State a Claim. This matter is DISMISSED WITH PREJUDICE. Signed on 10/1/14 by Magistrate Judge John T. Maughmer. (Alexander, Pam)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
ST. JOSEPH DIVISION
Total Quality Logistics, LLC,
Plaintiff,
v.
Trans East, Inc.,
Defendant.

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) Case No. 14-6084-CV-SJ-JTM
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ORDER

Pending before the Court is Defendant’s Motion To Dismiss, filed July 24, 2013 [Doc. 3].
In support of its motion, Defendant Trans East, Inc. asserts that Plaintiff Total Quality Logistics,
LLC’s removed Petition must be dismissed pursuant to Rule 12(b)(6) of the Federal Rules of Civil
Procedure because it alleges a cause of action completely preempted by federal law, such that it fails to
state a claim upon which relief may be granted. Trans East argues that even if all the Plaintiff’s
allegations are accepted as true, Plaintiff’s Complaint fails to state a claim against upon which relief
can be granted against Trans East because state common law claims against a motor carrier are
completely preempted by the Carmack Amendment, 49 U.S.C. § 14706, et seq.

Plaintiff Total

Quality Logistics has not filed any opposition to Defendant Trans East, Inc.’s motion to dismiss.
After due consideration of the issues presented, and for good cause shown, it is
ORDERED that Defendant’s Motion To Dismiss, filed July 24, 2013 [Doc. 3] is

GRANTED. Accordingly, this matter is DISMISSED WITH PREJUDICE.

/s/ John T. Maughmer
John T. Maughmer
United States Magistrate Judge