White

Proceedings: (IN CHAMBERS): DEFENDANT’S MOTION TO CONFIRM ARBITRATION AWARD (filed December 14, 2006)

The Court finds this motion appropriate for decision without oral argument. Fed. R.Civ.P. 78; Local Rule 7-15. Accordingly, the hearing date of January 8, 2006, is hereby vacated and the matter is taken under submission.

I. INTRODUCTION

The instant case arises out of an agreement between plaintiff and defendant whereby defendant agreed to ship personal items of plaintiff from New York to Los Angeles. On July 27, 2006, plaintiff filed a complaint against defendant alleging claims for: (1) contractual fraud, (2) insurance coverage, (3) general negligence, (4) property damage, and (5) intentional infliction of emotional distress. On October 20, 2006, defendant removed this action to this Court on the ground that plaintiffs claim is one for damages for injury to goods transported by a common carrier interstate, which is exclusively governed by federal law pursuant to the Carmack Amendment, 49 U.S.C. § 14706 . On October 30, 2006, plaintiff filed a motion to remand. On November 20, 2006, the Court denied plaintiffs motion on the grounds that one or more of plaintiffs claims are…