Soto

Soto v. Tu Phuoc Nguyen

Good Law

634 F. Supp. 2d 1096·2009 WL 1871709·2009 U.S. Dist. LEXIS 55758

United States District Court, Eastern District of CaliforniaJune 29, 20092:06-cv-01612-MCE-DAD, 2:06-cv-02077-MCE-DAD, 2:07-cv-00398-MCE-DAD, 2:07-cv-01229-MCE-DAD, 2:07-cv-01231-MCE-DAD, 2:07-cv-01255-MCE-DAD, 2:07-cv-01630-MCE-DAD, 2:07-cv-01934-MCE-DADCalifornia5,136 words

Opinion

England, J.

Plaintiffs initiated these actions seeking relief for injuries allegedly suffered as a result of a 2005 bus accident. Presently before the Court are Motions for Partial Summary Judgment filed by Defendant Greyhound Lines, Inc. (“Greyhound”), by which Greyhound argues Plaintiffs’ negligence claims, to the extent premised on a failure to provide passenger seat belts, are preempted by federal law and violate the Commerce Clause, U.S. Const., art. I, § 8, cl. 3. For the following reasons, Defendants’ Motions are denied.

STANDARD

The Federal Rules of Civil Procedure provide for summary judgment when “the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(c). One of the principal purposes of Rule 56 is to dispose of factually unsupported claims or defenses. Celotex Corp. v. Catrett, 477 U.S. 317, 323-324, 106 S.Ct. 2548 , 91 L.Ed.2d 265 (1986).

Rule 56 also allows a court to grant summary adjudication on part of a claim or defense. See Fed.R.Civ.P. 56(a) (“A party seeking to…

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