Sompo Japan Insurance Co. of America v. VIP Transport, Inc.

Good Law
568 F. Supp. 2d 1080·2008 WL 2882441·2008 U.S. Dist. LEXIS 84918
United States District Court, Northern District of CaliforniaJuly 24, 2008C 08-01857 JWCalifornia1,580 words

Opinion

Opinion

Ware, J.

ORDER DENYING PLAINTIFF’S MOTION TO REMAND; GRANTING DEFENDANT’S MOTION TO DISMISS WITH LEAVE TO AMEND

I. INTRODUCTION

Sompo Japan Insurance Company of America, Inc. (“Plaintiff’) brings this action in state court against VIP Transport, Inc. and Mayflower Transit, LLC (collectively, “Defendants”), alleging negligent damage to property. Defendants removed the action to federal court alleging preemption under the Interstate Commerce Act (“ICA”), 49 U.S.C. § 14706 .

Presently before the Court are Plaintiffs Motion to Remand (hereafter, “Motion to Remand,” Docket Item No. 6) and Defendants’ Motion to Dismiss (hereafter, “Motion to Dismiss,” Docket Item No. 4). The Court found it appropriate to take the motions under submission without oral argument. See Civ. L.R. 7 — 1(b). Based on the papers submitted to date, the Court DENIES Plaintiffs Motion to Remand and GRANTS Defendants’ Motion to Dismiss with leave to amend.

II. BACKGROUND

In a Complaint filed on March 18, 2008, Plaintiff alleges as follows:

On the basis of the allegations outlined above, Plaintiff alleges a single cause of action for negligence. The Complaint was initially filed in Santa Clara County Superior Court. On…

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