Underwood v. Allied Van Lines, Inc.

Filing 36

ORDER. Defendant's 33 Motion to Dismiss is GRANTED. Plaintiff's punitive damages claim is dismissed without prejudice. IT IS SO ORDERED. Signed by Judge Howard D. McKibben on 5/24/2011. (Copies have been distributed pursuant to the NEF - MLC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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RICHARD UNDERWOOD,

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Plaintiff,

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vs.

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ALLIED VAN LINES, INC.,

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Defendant.

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3:11-cv-00035-HDM-RAM

ORDER

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Before the court is the defendant’s motion to dismiss (#33).
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Plaintiff has responded (#35). Defendant has not filed a reply, and
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the time for doing so has expired.
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Defendant seeks to dismiss only plaintiff’s claim for punitive
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damages.

It does so on the grounds that the claim is preempted by

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the Carmack Amendment, 49 U.S.C. § 14706.

Plaintiff concedes that

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the claim for punitive damages should be dismissed insofar as the
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Carmack Amendment applies to his case.

See Nichols v. Mayflower

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Transit, LLC, 368 F. Supp. 2d 1104, 1108-09 (D. Nev. 2003); see also
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Marro v. Globe Corp., 285 Fed. App’x 495, 495 (9th Cir. 2008)

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(unpublished disposition).

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dismiss (#33) is hereby granted.

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is dismissed without prejudice.

Accordingly, the defendant’s motion to
Plaintiff’s punitive damages claim

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IT IS SO ORDERED.

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DATED this 24th day of May, 2011.

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UNITED STATES DISTRICT JUDGE