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S H Hardware Supply Co. v. Yellow Transportation, Inc.

United States District Court, E.D. Pennsylvania
Nov 12, 2004
Civil Action No. 02-9055 (E.D. Pa. Nov. 12, 2004)

Opinion

Civil Action No. 02-9055.

November 12, 2004


ORDER


AND NOW, this 12th day of November, 2004, upon consideration of Plaintiff's Motion for Reconsideration and to Vacate or Amend Order Granting Summary Judgment (Docket No. 29) and the defendant's response, it is ORDERED that the motion is DENIED.

Contrary to its position taken at oral argument on March 25, 2004, the plaintiff now contends that it did suffer monetary damages because it paid Ace Hardware for the diverted shipments it did not receive. It was not until after we issued our Memorandum and Order on July 8, 2004, that the plaintiff claimed that its previous statement was incorrect and that it had suffered damages.
The plaintiff's failure to adhere to the claim filing requirements of the Carmack Amendment mandated the entry of summary judgment in favor of the defendant. Memorandum and Order, at 6 (July 8, 2004). Whether the plaintiff suffered monetary damages is not a fact which alters our decision in this matter. Therefore, even if the last sentence and footnote six in the Memorandum of July 8, 2004, is stricken, the order granting summary judgment is not affected by the changed circumstances raised in the plaintiff's motion for reconsideration.


Summaries of

S H Hardware Supply Co. v. Yellow Transportation, Inc.

United States District Court, E.D. Pennsylvania
Nov 12, 2004
Civil Action No. 02-9055 (E.D. Pa. Nov. 12, 2004)
Case details for

S H Hardware Supply Co. v. Yellow Transportation, Inc.

Case Details

Full title:S H HARDWARE SUPPLY CO. v. YELLOW TRANSPORTATION, INC

Court:United States District Court, E.D. Pennsylvania

Date published: Nov 12, 2004

Citations

Civil Action No. 02-9055 (E.D. Pa. Nov. 12, 2004)