Shabani

Proceedings: (In Chambers) Order re: Defendant’s Motion to Dismiss

This case arises out of an agreement between Plaintiff Houshang Shabani (“Plaintiff’) and Defendant Classic Design Services, Inc. (“Defendant”), in which Defendant agreed to ship antiques Plaintiff purchased at auction from New Orleans, Louisiana to Beverly Hills, California. Upon delivery, Plaintiff allegedly discovered that one of the items, a porcelain centerpiece, was damaged. According to the shipping agreement, the centerpiece had an “insured value” of $32,000. (Compl., Ex. A). Plaintiff filed suit in state court alleging state law claims for fraud, breach of contract, negligence, intentional infliction of emotional distress, and breach of the covenant of good faith and fair dealing. Thereafter, Defendant removed the case to federal court, asserting that Plaintiffs claims arising from the alleged interstate shipping agreement between the Parties were exclusively governed by the Carmack Amendment to the Interstate Commerce Act, 49 U.S.C. § 14706 .

Defendant now moves to dismiss Plaintiffs Complaint on the grounds that the Carmack Amendment preempts Plaintiffs state law claims. In response, Plaintiff argues…