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.