King Jewelry, Inc. v. Federal Express Corp.

PROCEEDINGS: (IN CHAMBERS) DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT

On August 16, 2001, defendant Federal Express Corporation filed a notice of motion and motion for partial summary judgment on the ground “FedEx is ... entitled to judgment ... as a matter of law as the contract of carriage governing the shipment at issue limits plaintiffs recovery, if any, to a maximum of $500.00,” Notice of Motion at 2:5-7, with a supporting memorandum of points and authorities, the declaration of Steve T. Foster, with exhibits, and a separate statement of undisputed facts. On August 29, 2001, plaintiff King Jewelry, Inc. filed a memorandum of points and authorities in opposition to defendant’s motion for partial summary judgment, with supporting declarations and exhibits, objections to evidence submitted by defendant in connection with its motion for partial summary judgment, and a statement of genuine issues. On September 5, 2001, defendant FedEx filed its reply and the supplemental declaration of Steve T. Foster, with exhibits. The parties have consented to proceed before Magistrate Judge Rosalyn M. Chapman pursuant to 28 U.S.C. § 636 (c).

Due to the closure of the federal courthouse…