Norder et al v. Fastway Moving and Storage, Inc.
| Juliana M Norder, Darcirio Correa Junior, Roberto A deOliveira, Florize F Reyes, Regina C Guides, Jose Claudio Corradini, Fabio Simi, Hermes Costa Santa Rosa, Luciana Baur and Selma Santa Rosa |
| Fastway Moving and Storage, Inc. |
| Marianne B. Bowler |
| 1:2012cv10503 |
| March 19, 2012 |
| US District Court for the District of Massachusetts |
| Boston Office |
| Middlesex |
| Richard G Stearns |
| Commerce ICC Rates, Etc. |
| 28 U.S.C. § 1441 Petition for Removal- Property Damage |
| Both |
Docket Report
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This docket was last retrieved on December 11, 2012. A more recent docket listing may be available from PACER.
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| Filing 27 STIPULATION of Dismissal With Prejudice by Fastway Moving and Storage, Inc.. (Chused, Wesley) |
| Filing 26 Judge Richard G. Stearns: ORDER entered. SETTLEMENT ORDER OF DISMISSAL. (Seelye, Terri) |
| Filing 25 ELECTRONIC NOTICE of Hearing. Alternative Dispute Resolution Hearing set for 11/8/2012 10:00 AM in Courtroom 25 before Magistrate Judge Marianne B. Bowler. IT IS ORDERED that all parties and trial counsel are REQUIRED to attend and must have full binding settlement authority, leave of court is required for any exceptions. Confidential mediation briefs are REQUIRED by ALL parties and ALL confidential mediation briefs are to be submitted to the court via facsimile at (617) 204-5833 no later than TWO BUSINESS DAYS prior to the hearing. (Garvin, Brendan) |
| Filing 24 ELECTRONIC NOTICE Canceling 8/1/12 Scheduling conference - case referred to ADR. (Seelye, Terri) |
| Filing 23 CERTIFICATION pursuant to Local Rule 16.1 . (Chused, Wesley) |
| Filing 22 ANSWER to #15 Amended Complaint, by Fastway Moving and Storage, Inc..(Chused, Wesley) |
| ELECTRONIC NOTICE of assignment to ADR Provider. Magistrate Judge Marianne B. Bowler assigned. The Court will contact counsel with regard to scheduling. (Franklin, Yvonne) |
| Filing 21 Judge Richard G. Stearns: ORDER entered. REFERRING CASE to Alternative Dispute Resolution.(Flaherty, Elaine) |
| Filing 20 JOINT STATEMENT of counsel re: mediation. (Attachments: #1 certificate of service)(Cole, Peter) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered. The parties are requested to jointly notify the court, by July 9, 2012, whether they are interested in participating in early mediation through the court sponsored ADR program. If the parties agree to participate in mediation, the parties should identify the magistrate judges (if any) that the parties would prefer as mediator, and dates within the next 90 days that would be convenient to the parties. If the parties decline early mediation, the notice should not specify the parties' respective choices.(RGS, law1) |
| Filing 19 NOTICE of Scheduling Conference. Scheduling Conference set for 8/1/2012 at 3:30 PM in Courtroom 21 before Judge Richard G. Stearns. If subsequent to discovery the parties are interested in participating in the Federal Court Mediation Program, please, contact the court.(Seelye, Terri) |
| Judge Richard G. Stearns: ORDER entered denying #16 Motion to Dismiss for Failure to State a Claim and Motion to Strike Portions of Plaintiffs' Complaint. At the pleading stage, plaintiffs are only required to make a short and plain statement of their claims and relief requested. The court understands well enough from the complaint that plaintiffs have made out a claim under the Carmack Amendment that they shipped goods with the defendant, and that the goods did not arrive at their destination as intended. Plaintiffs do not need to allege the conditions of the goods because they are asserting that the goods have not been received. The condition of the goods and the value of the goods may be assessed and determined through discovery at a later stage. Further, the motion to strike is denied because plaintiffs' allegations relate to the circumstances of the lost goods. Finally, the availability of different types of damages is a legal determination in the court's province, and there is no need to strike portions of a complaint for requesting relief that may not be available to the plaintiffs. (RGS, law1) |
| Filing 18 Opposition re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or to Strike Portions of Plaintiffs' First Amended Complaint filed by Luciana Baur, Jose Claudio Corradini, Regina C Guides, Darcirio Correa Junior, Juliana M Norder, Florize F Reyes, Hermes Costa Santa Rosa, Selma Santa Rosa, Fabio Simi, Roberto A deOliveira. (Attachments: #1 certificate of service)(Cole, Peter) |
| Filing 17 MEMORANDUM in Support re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or to Strike Portions of Plaintiffs' First Amended Complaint filed by Fastway Moving and Storage, Inc.. (Chused, Wesley) |
| Filing 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or to Strike Portions of Plaintiffs' First Amended Complaint by Fastway Moving and Storage, Inc..(Chused, Wesley) |
| Filing 15 AMENDED COMPLAINT against Fastway Moving and Storage, Inc., filed by Luciana Baur, Jose Claudio Corradini, Regina C Guides, Darcirio Correa Junior, Juliana M Norder, Florize F Reyes, Hermes Costa Santa Rosa, Selma Santa Rosa, Fabio Simi, Roberto A deOliveira. (Attachments: #1 certificate of service)(Cole, Peter) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #4 Motion to Dismiss for Failure to State a Claim without prejudice; denying #7 Motion to Remand to State Court and to Strike. Plaintiffs' claim, at heart, is that they did not receive the goods that Fastway promised to transport and deliver to Brazil pursuant to a contract entered into in Massachusetts. To the extent that Fastway loaded, stored, and/or transported plaintiffs' goods from Massachusetts to New York prior to boarding a ship bound for Brazil, the Carmack Amendment governs any claims relating to the loss and/or damage of property. Rini v. United Van Lines, Inc., 104 F.3d 502, 506 (1st Cir. 1997) ("[A]ll state laws that impose liability on carriers based on the loss or damage of shipped goods are preempted."). See also Project Hope v. M/V IBN SINA, 250 F.3d 67, 75 (2d Cir. 2001) ("[I]f the final intended destination at the time the shipment begins is a foreign nation, the Carmack Amendment applies throughout the entire portion of the shipment taking place within the United States, including intrastate legs of the shipment."). Although Mr. Correa Junior does not claim non-receipt of his goods, his damages nonetheless arise from Fastway's alleged non-completion of the transportation contract. See York v. Day Transfer Co., 525 F.Supp. 2d 289, 301-302 (D.R.I. 2007) (shippers' claim for mold damage to their dwelling from mold-damaged shipped goods was nonetheless preempted because it resulted from the alleged breach of duty in shipping and storage of their goods). Thus, plaintiffs' state law claims are preempted by the Carmack Amendment. Plaintiffs have 14 days to amend their complaint consistent with the Carmack Amendment, or to identify facts showing that Fastway is not an interstate motor carrier, and/or that their goods did not travel from Massachusetts to New York prior to shipping to Brazil. (RGS, law1) |
| Filing 14 REPLY to Response to #7 MOTION to Remand to State Court Leave to file granted on May 3, 2012 filed by Luciana Baur, Jose Claudio Corradini, Regina C Guides, Darcirio Correa Junior, Juliana M Norder, Florize F Reyes, Hermes Costa Santa Rosa, Selma Santa Rosa, Fabio Simi, Roberto A deOliveira. (Attachments: #1 Exhibit A-1 - Eguiguren letter, #2 certificate of service)(Cole, Peter) |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered GRANTING #12 Motion for Leave to File REPLY; Counsel using the Electronic Case Filing System should now file the REPLY for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the REPLY.GRANTING #13 Motion for Leave to File REPLY; Counsel using the Electronic Case Filing System should now file the REPLY for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the REPLY. (Zierk, Marsha) |
| Filing 13 MOTION for Leave to File by Luciana Baur, Jose Claudio Corradini, Regina C Guides, Darcirio Correa Junior, Juliana M Norder, Florize F Reyes, Hermes Costa Santa Rosa, Selma Santa Rosa, Fabio Simi, Roberto A deOliveira. (Attachments: #1 Exhibit Exhibit A - proposed reply, #2 Exhibit Exhibit A-1 - Eguiguren letter, #3 Rule 7.1 certification, #4 certificate of service)(Cole, Peter) |
| Filing 12 MOTION for Leave to File Reply Brief in Support of Motion to Dismiss by Fastway Moving and Storage, Inc.. (Attachments: #1 Appendix A to Defendant's Motion for Leave to File Reply Brief)(Chused, Wesley) |
| Filing 11 Opposition re #7 MOTION to Remand to State Court and to Strike Evidence filed by Fastway Moving and Storage, Inc.. (Attachments: #1 Exhibit A to Defendant's Opposition to Plaintiffs' Motion to Remand and to Strike Evidence, #2 Exhibit B to Defendant's Opposition to Plaintiffs' Motion to Remand and to Strike Evidence, #3 Exhibit C to Defendant's Opposition to Plaintiffs' Motion to Remand and to Strike Evidence)(Chused, Wesley) |
| Filing 10 STATE COURT Record Fastway Moving and Storage, Inc. served on 2/27/2012, answer due 3/19/2012.. (Chused, Wesley) |
| Filing 9 Assented to MOTION for Extension of Time to 04/30/12 to File Response/Reply as to #7 MOTION to Remand to State Court by Fastway Moving and Storage, Inc..(Howard, Erin) (Main Document 9 replaced on 4/30/2012) (Flaherty, Elaine). |
| Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #9 Motion for Extension of Time to File Response/Reply re #7 MOTION to Remand to State Court Responses due by 4/30/2012 (Flaherty, Elaine) |
| Filing 8 Opposition re #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or for Summary Judgment filed by Luciana Baur, Jose Claudio Corradini, Regina C Guides, Darcirio Correa Junior, Juliana M Norder, Florize F Reyes, Hermes Costa Santa Rosa, Selma Santa Rosa, Fabio Simi, Roberto A deOliveira. (Attachments: #1 Certificate of Service)(Cole, Peter) |
| Filing 7 MOTION to Remand to State Court by Luciana Baur, Jose Claudio Corradini, Regina C Guides, Darcirio Correa Junior, Juliana M Norder, Florize F Reyes, Hermes Costa Santa Rosa, Selma Santa Rosa, Fabio Simi, Roberto A deOliveira. (Attachments: #1 Exhibit Memorandum of Law, #2 Rule 7.1 Certification, #3 Certificate of Service)(Cole, Peter) |
| Filing 6 NOTICE of Appearance by Peter Cole on behalf of Luciana Baur, Jose Claudio Corradini, Regina C Guides, Darcirio Correa Junior, Juliana M Norder, Florize F Reyes, Hermes Costa Santa Rosa, Selma Santa Rosa, Fabio Simi, Roberto A deOliveira (Cole, Peter) |
| Filing 5 MEMORANDUM in Support re #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or for Summary Judgment filed by Fastway Moving and Storage, Inc.. (Attachments: #1 Exhibit A to Defendant's Memorandum in Support of its Motion to Dismiss or for Summary Judgment)(Chused, Wesley) |
| Filing 4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or for Summary Judgment by Fastway Moving and Storage, Inc.. (Attachments: #1 Exhibit A to Defendant's Motion to Dismiss)(Chused, Wesley) |
| ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Judith G. Dein. (Abaid, Kimberly) |
| Certified Copy of Notice of Removal Provided to Defense Counsel by mail (Geraldino-Karasek, Clarilde) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT by Fastway Moving and Storage, Inc.. (Chused, Wesley) |
| Filing 2 Civil Cover Sheet & Category Sheet by Fastway Moving and Storage, Inc.. (Chused, Wesley) |
| Filing 1 NOTICE OF REMOVAL by Fastway Moving and Storage, Inc. ( Filing fee: $ 350, receipt number 0101-3860716 Fee Status: Filing Fee paid) (Attachments: #1 Exhibit A to Notice of Removal, #2 Exhibit B to Notice of Removal)(Chused, Wesley) |
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