Coughlin

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS DUE TO FAILURE TO STATE FACTS UPON WHICH RELIEF MAY BE GRANTED

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

I. INTRODUCTION

Before this Court is the February 22, 2005 Motion to Dismiss filed by Defendant, United Van Lines, LLC (“United”). The Court has considered the Motion, the Opposition filed by Plaintiff, Catherine Coughlin (“Plaintiff’), United’s Reply, and and oral argument by the parties and finds that the Carmack Amendment to the Interstate Commerce Act ( 49 U.S.C. Section 14706 ) preempts the state law claims alleged in Plaintiffs Complaint and, therefore, grants United’s Motion to Dismiss.

II. FACTUAL BACKGROUND

Plaintiff contracted with United to transport certain of her household goods and effects from Melrose, Massachusetts, to Thousand Oaks, California. United is a motor carrier of household goods, acting pursuant to the authority of the Surface Transportation Board and the ICC Termination Act of 1995 ( 49 U.S.C. Section 13101 , et. seq.)

Plaintiff alleges that certain of her household goods were damaged incident to the interstate transportation of same. Plaintiffs Complaint alleges causes of action for breach of…