Union Pacific Railroad v. Coast Packing Co.

PROCEEDINGS: Plaintiff’s Motion to Dismiss; Defendant’s Motion for Partial Summary Adjudication

This matter is before the court on the parties’ above-titled motions. Both motions are fully briefed and appropriate for resolution without oral argument. See Fed.R.Civ.P. 78; Local Rule 7-15 (formerly Local Rule 7.11). After considering all pertinent papers filed therewith, we rule as follows:

I. Background

On February 8, 2001, Plaintiff filed this action to collect approximately $164,750.00 in unpaid demurrage and switching charges. Compl. ¶ 8. The complaint states we have jurisdiction pursuant to 28 U.S.C. § 1337 , id. ¶ 3 , as the demurrage charges were allegedly assessed and incurred pursuant to 49 U.S.C. § 10746 , id. ¶¶ 7, 10 . On April 19, 2001, Defendant counterclaimed under 49 U.S.C. § 11704 (b) for the value of goods it was unable to unload from tank cars. Countercl. ¶ 16. The goods could not be unloaded because Plaintiff allegedly failed to maintain level tracks near Defendant’s Vernon, California facilities. Id. ¶¶ 4, 16 . The failure purportedly violates the duty to provide transportation or service upon reasonable request pursuant to 49 U.S.C. § 11101 (a). Id. ¶¶ 5-6…