Omega Apparel Incorporated v. ABF Freight System, Inc.
| Omega Apparel Incorporated |
| ABF Freight System, Inc. |
| 2:2011cv00031 |
| March 21, 2011 |
| U.S. District Court for the Middle District of Tennessee |
| Cookeville Office |
| Davidson |
| William J. Haynes |
| Other Contract |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
42
STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE. Signed by District Judge Kevin H. Sharp on 12/6/12. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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Filing
37
MEMORANDUM OPINION OF THE COURT. Signed by District Judge Kevin H. Sharp on 7/10/2012. (eh)
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Filing
19
CASE MANAGEMENT ORDER: Motion to Amend Pleadings due by 12/10/2011. Discovery due by 4/30/2012. Dispositive Motions due by 7/16/2012. Jury Trial set for 12/18/2012 at 9:00 AM in Cookeville before District Judge Kevin H. Sharp. Pretrial Conference set for 11/26/2012 at 1:30 PM before District Judge Kevin H. Sharp. Proposed Pretrial Order due by 11/26/2012. Signed by Magistrate Judge E. Clifton Knowles on 8/11/11. (dt)
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Filing
17
ORDER: In this case involving the shipment of 15,478 yards of wool cloth, Plaintiff has brought a three count Complaint against Defendant alleging that, while in Defendant's possession, custody and control, the wool sustained substantial water d amages, rendering it worthless and unsalvageable. Defendant now moves to dismiss Counts 1 and 2 of the Complaint which allege breach of contract and negligence, arguing that both claims are preempted by the Carmack Amendment, 49 U.S.C. § 14706, because the cloth was shipped in interstate commerce pursuant to a Straight Bill of Lading. Plaintiff admits that its state law claims are preempted by the Carmack Amendment (Docket No. 13). Accordingly, Defendant's Motion to Dismiss (Docket Ent ry No. 9) is hereby GRANTED, and Plaintiff's claims for breach of contract and negligence as set forth in Counts 1 and 2 of the Complaint are hereby DISMISSED WITH PREJUDICE. This case will proceed against Defendant solely on Plaintiff's claim under the Carmack Amendment, as set forth in Count 3 of the Complaint. It is SO ORDERED. Signed by District Judge Kevin H. Sharp on 7/21/11. (af)
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Filing
16
ORDER: Initial Case Management Conference set for 8/10/2011 at 10:00 AM, by telephone. Counsel for the Plaintiff shall initiate the call to the Court at 615-736- 7344. Prior to the hearing, counsel for the parties are directed to confer on a Proposed Case Management Order for the progression of this case, which shall be submitted three (3) days prior to the Case Management Conference. Counsel for the Plaintiff shall serve a copy of this Order on any Defendants who have not yet entered an appearance. Signed by Magistrate Judge E. Clifton Knowles on 6/29/11. (dt)
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| Plaintiff: Omega Apparel Incorporated | |
| Represented By: | Thomas M. Gautreaux |
| Represented By: | David M. Elliott |
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| Defendant: ABF Freight System, Inc. | |
| Represented By: | Kevin C. Baltz |
| Represented By: | Kenneth M. Bryant |
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