Opinion
Civil Action No. 3:97CV-690-S
March 4, 1999
MEMORANDUM OPINION
This matter is before the Court on the Motion of the Plaintiff, Martin Moving and Storage ("Martin"), to Set Aside this Court's Order of January 5, 1999, dismissing the Plaintiff's Complaint for failure to comply with the applicable statute of limitations. As grounds for this motion, Plaintiff asserts inadvertence and excusable neglect, caused by counsel for Plaintiff overlooking Defendant's Motion to Dismiss. Pursuant to Fed.R.Civ.P. 60(b), the Motion to Set Aside will be granted by separate order.
This now places the Motion to Dismiss of the Defendant, Dr. Bobby Baker, before this Court once again. For the reasons below, that Motion will also be granted by separate order.
FACTS
According to Plaintiff's Complaint, Martin and Baker entered into a contract on or about March 13, 1996, for interstate shipment of personal property and household goods from Louisville, Kentucky, to Kihei, Hawaii. On April 4, 1996, Martin delivered those goods to Kihei. Martin filed suit against Baker on October 17, 1997, for transportation charges Baker allegedly has not paid Martin for that shipment.
DISCUSSION
Baker asks this Court to dismiss Plaintiff's Complaint for failure to file within the 18 month statute of limitations contained in the Carmack Amendment at 49 U.S.C. § 14705. Plaintiff asserts that its Complaint should not be dismissed because the Carmack Amendment does not apply to this action. The Court first notes that this is a complete reversal from Plaintiff's earlier position taken in this case, specifically in its Motion to Dismiss the Defendant's Counterclaim. After previously asking this Court to dismiss Baker's Counterclaim on the basis that it was preempted by the Carmack Amendment, Plaintiff now asserts that this action is governed by the Carriage of Goods by Sea Act. Unfortunately for Plaintiff, its original assertion, that the Carmack Amendment applies to the shipment of goods in this case, is correct.
The statute of limitations which applies in this case is found at 49 U.S.C. § 14705(a), which reads as follows:
A carrier providing transportation or service subject to jurisdiction under chapter 135 must begin a civil action to recover charges for transportation or service provided by the carrier within 18 months after the claim accrues.
As a motor carrier transporting property "between a place in a State and a place in another State," Martin is subject to jurisdiction under chapter 135. 49 U.S.C. § 13501. "State" is further defined in the statute as "the 50 States of the United States and the District of Columbia." 49 U.S.C. § 13102(18). Martin cannot escape the plain language of the statute by its assertion that this shipment of goods somehow became "international" in nature because the goods were transported to Hawaii, which necessitated going through international waters. As Hawaii is an island, any transportation of goods to or from Hawaii necessitates going through international waters, yet the statute defines "State" as all 50 states. Clearly, the eighteen month statute of limitations found in the Carmack Amendment applies to Plaintiff's Complaint.
Under 49 U.S.C. § 14705(g), "[a] claim related to a shipment of property accrues under this section on delivery or tender of delivery by the carrier." Thus, Martin's claim for its unpaid transportation charges accrued on April 4, 1996, the date it delivered Baker's goods to Kihei. Martin filed its Complaint on October 17, 1997, eighteen months and thirteen days after its claim accrued. This exceeds the eighteen month period specified in 49 U.S.C. § 14705(a). Accordingly, Martin's claim must be dismissed.
CONCLUSION
Defendant's motion to dismiss will be GRANTED, as Plaintiff did not timely file its Complaint.
ORDER
For the reasons set forth in the memorandum opinion entered this date and the court being otherwise sufficiently advised, IT IS HEREBY ORDERED AND ADJUDGED that the Motion of the Plaintiff to Set Aside this Court's Order of January 5, 1999, is GRANTED. The Motion of the Defendant to Dismiss is also GRANTED, and the Complaint of the Plaintiff, Martin Moving and Storage, Inc., against the Defendant, Dr. Bobby Baker, is DISMISSED with prejudice.