Val's Auto Sales & Repair, LLC v. Garcia et al
| Val's Auto Sales & Repair, LLC |
| Roberto A. Garcia, Ezee Trans, LLC and Progressive Northern Insurance Company |
| 5:2018cv00414 |
| June 18, 2018 |
| US District Court for the Eastern District of Kentucky |
| Lexington Office |
| Fayette |
| Joseph M. Hood |
| Insurance |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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Filing
19
MEMORANDUM OPINION & ORDER: (1) Defendants Ezee Trans and Garcia's Motion to Dismiss the Amended Complaint 5 is GRANTED IN PART, insofar as it pertains to Plaintiff's negligence, vicarious liability, and negligent entrustment claims; (2) Defendants Ezee Trans and Garcia's Motion to Dismiss the Amended Complaint 5 is DENIED IN PART, insofar as it pertains to Plaintiff's Carmack Amendment claim against Defendant Ezee Trans; (3) Plaintiff's claims of negligence, vicario us liability, and negligent entrustment are DISMISSED WITH PREJUDICE; (4) Defendant Garcia is DISMISSED from this action; (5) Plaintiff's Motion to Remand 7 is DENIED; (6) Plaintiff's Motion for Leave to File Second Amended Complaint 12 is GRANTED; (7) By 2/19/2019, Plaintiff shall FILE a Second Amended Complaint alleging a Carmack Amendment claim against Ezee Trans that does not include claims of negligence, vicarious liability, and negligent entrustment; and (8) Defendants Garcia and Progressive Northern Insurance Company's Motion for Leave to File Sur-Reply to Plaintiff's Reply in Support of Motion to Remand 17 is GRANTED. Signed by Judge Joseph M. Hood on 2/4/2019. (STC)cc: COR
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