Coughlin

ORDER DENYING PLAINTIFF’S MOTION TO REMAND MATTER TO STATE COURT

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

I.INTRODUCTION

Before this Court is the February 22, 2005 Motion to Remand for Lack of Subject Matter filed by Plaintiff, Catherine Coughlin (“Plaintiff’). The Court has considered the Motion, the Opposition filed by Defendant, United Van Lines, LLC (“United”) and oral argument submitted. For the reasons set forth below, Plaintiffs Motion is denied.

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.)

On November 30, 2004, Plaintiff commenced an action against United in Ventu-ra County Superior Court, seeking recovery for damages to her household allegedly caused by United during the interstate shipment of Plaintiffs household goods. Plaintiffs state court action asserted state law claims against United for breach of contract and general negligence and sought…