Clarke Logistics v. Burlington Northern and Santa Fe Railway Co.

ORDER GRANTING MOTION FOR SUMMARY JUDGMENT

On March 18, 2004, Plaintiffs Clarke Logistics and Royal SunAlliance Insurance Company (collectively “Plaintiffs”) filed a Complaint in state court alleging breach of contract against Defendant Burlington Northern & Santa Fe Railway Company (“Defendant”). On April 12, 2004, the action was removed to federal district court pursuant to 28 U.S.C. § 1441 (b).

Currently before the Court is Defendant’s Motion for Summary Judgment (“Motion”). Plaintiffs oppose the Motion and have filed a Declaration of Roger Biso-nette in support of their Opposition to Summary Judgment. Defendant has filed Objections to the Declaration (“Objections”). The Court has determined the issues presented herein are appropriate for decision without oral argument. See Civil Local Rule 7.1.d.l. For the reasons set forth below, the Court FINDS Defendant’s Objections moot and GRANTS Defendant’s Motion for Summary Judgment.

Background

The following facts are from Plaintiffs’ perspective in compliance with the summary judgment standard set forth below. On December 6, 2002, Plaintiff Clarke Logistics (“Clarke”), a freight forwarder, arranged for frozen strawberries to be…