Opinion
21-cv-1212-L (AGS)
07-15-2021
LAW OFFICE OF GUY LEVY, INC., Plaintiff, v. MOISHE'S MOVING SYSTEMS, LLC, et al., Defendants.
ORDER VACATING ORDER TO REMAND [ECF NO. 3]
Hon M James Lorenz United States District Judge
Defendant Moishe's Moving Systems LLC removed this action from state court pursuant to 28 U.S.C. §§1331 and 1441, and 49 U.S.C. § 14706. On July 9, 2021, this Court remanded the action to state court finding that the Court lacked jurisdiction over Plaintiff's Complaint which contained only state law claims. [ECF No. 3.] On July 12, 2012, Defendant filed a Motion to Amend or Correct the order of removal, arguing that the Carmack Amendment, 49 U.S.C. §14706 completely preempts state law claims, citing Hall v. North American Van Lines, Inc., 476 F.3d 683 (9th Cir. 2007).
Upon further review, Plaintiff's state law claims appear to fall under the preemptive power of the Carmack Amendment. In Hall, the Ninth Circuit held that “the Carmack Amendment is the exclusive cause of action for interstate-shipping contract claims alleging loss or damage to property.” Id. at 688. Here, Plaintiff alleges contract claims for loss or damage to property pursuant to an interstate-shipping agreement.
Defendant has now successfully met its burden of establishing that this Court has jurisdiction over Plaintiffs claims. Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994) (citations omitted) (The burden of establishing federal jurisdiction rests with the party asserting jurisdiction.)
Accordingly, the Order of removal is VACATED. This Order does not preclude a motion to remand, should Plaintiff choose to file one.
IT IS SO ORDERED.