Otterson v. Federal Express Corporation et al
| Kevin Otterson |
| Federal Express Corporation and Does 1-10 |
| 3:2007cv01274 |
| August 23, 2007 |
| US District Court for the District of Oregon |
| Portland Office |
| Multnomah |
| Paul Papak |
| Personal Property: Other |
| 28 U.S.C. ยง 1441 Petition for Removal- Property Damage |
| None |
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| Document Text |
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Filing
69
ORDER: Adopting the Magistrate's Findings and Recommendation 67 : Defendant's Motion for Summary Judgment 32 is Granted and Plaintiff's Motion for Summary Judgment 44 is Denied. Plaintiff's remaining claim is remanded to the Circuit Court of the State of Oregon, County of Multnomah, for further proceedings. Signed on 3/3/09 by Judge Ancer L. Haggerty. (gm)
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Filing
67
Findings & Recommendation: Defendants FedEx and Kinko's Motion for Summary Judgment 32 should be granted, and Plaintiff's Motion for Summary Judgment 44 should be denied. Otterson's implied federal common law cause of actio n for loss of goods shipped by interstate carrier should be dismissed as moot, and his express state-law claims for conversion and for negligent performance of bailment duties should be dismissed as preempted by federal law, to the extent pled agains t the named defendants in this action. The conversion claim pled against the Doe defendants should be remanded to the Circuit Court of the State of Oregon, County of Multnomah, for further proceedings. Objections to the Findings and Recommendation are due by 2/11/2009. Response to Objections to the Findings and Recommendation are due by 2/25/2009. Signed on 1/28/09 by Magistrate Judge Paul Papak. (gm)
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