Farrah
Farrah v. Monterey Transfer & Storage, Inc.
Opinion
Opinion
Ware, J.
ORDER GRANTING DEFENDANT’S MOTION TO DISMISS WITH PREJUDICE
I. INTRODUCTION
Rhonda Farrah (“Plaintiff’) brings this action against Monterey Transfer & Storage, Inc. (“Defendant”) for alleged violation of the Interstate Commerce Act, 49 U.S.C. § 14706 . Presently before the Court is Defendant’s Motion to Dismiss, (hereafter, “Motion,” Docket Item No. 9.) The Court conducted a hearing on April 7, 2008. Based on the papers submitted to date and oral arguments of counsel, the Court GRANTS Defendant’s Motion to Dismiss with prejudice.
II. BACKGROUND
In a First Amended Complaint filed on February 1, 2008, Plaintiff alleges as follows:
On January 11, 2002, Plaintiffs attorney, Barry K. Rothman (“Rothman”), arranged for Defendant to package, transfer, and store Plaintiffs personal belongings. (Id.) In April 2004, Defendant notified Rothman by telephone that one of the three containers holding Plaintiffs items had been lost. (Id. ¶ 10.) The value of the items in the lost vault is estimated to be $205,010.00. (Id. ¶ 2.) Plaintiff filed a claim with Defendant’s insurance carrier. (Id.) Defendant’s insurance carrier has neither approved nor denied Plaintiffs claim. (Id. ¶ 23.)