Opinion
3:11-cv-00035-HDM-RAM.
May 24, 2011
ORDER
Before the court is the defendant's motion to dismiss (#33). Plaintiff has responded (#35). Defendant has not filed a reply, and the time for doing so has expired.
Defendant seeks to dismiss only plaintiff's claim for punitive damages. It does so on the grounds that the claim is preempted by the Carmack Amendment, 49 U.S.C. § 14706. Plaintiff concedes that the claim for punitive damages should be dismissed insofar as the Carmack Amendment applies to his case. See Nichols v. Mayflower Transit, LLC, 368 F. Supp. 2d 1104, 1108-09 (D. Nev. 2003); see also Marro v. Globe Corp., 285 Fed. App'x 495, 495 (9th Cir. 2008) (unpublished disposition). Accordingly, the defendant's motion to dismiss (#33) is hereby granted. Plaintiff's punitive damages claim is dismissed without prejudice.