Black Car Assistance Corporation v. State

Full title: BLACK CAR ASSISTANCE CORPORATION, Plaintiff, v. THE STATE OF NEW JERSEY…

Court: United States District Court, D. New Jersey

Date published: Dec 21, 2004

Civ. No. 03-5828 (WGB) (D.N.J. Dec. 21, 2004)

Opinion

Civ. No. 03-5828 (WGB).

December 21, 2004

JUDGMENT

WILLIAM BASSLER, District Judge

This matter having come before the Court on the motions of Plaintiff BLACK CAR ASSISTANCE CORPORATION for summary judgment pursuant to Fed.R.Civ.P. 56; and

The Court having considered the submissions of the parties; and

For the reasons set forth in the Opinion issued this day, in which the Court finds N.J.S.A. § 39:3-19.6 to be preempted by the Real Interstate Driver Act, 49 U.S.C. § 14501(d); and

For good cause shown;

It is this 21st day of December, 2004 ORDERED that Plaintiff's motion for summary judgment is granted.

IT IS FURTHER ORDERED that the State of New Jersey, the New Jersey Motor Vehicle Commission, and their officers are enjoined from enforcing or invoking N.J.S.A. § 39:3-19.6 against any member of Black Car Assistance Corporation which operates as a for-hire vehicle providing prearranged ground transportation, as defined by 49 U.S.C. § 14501(d), and in compliance with that statute.

IT IS FURTHER ORDERED that the parties meet no later than February 1, 2005, or as mutually agreed, to insure compliance with the Judgment.

AND IT IS FURTHER ORDERED that the Clerk of the Court mark this case closed.