Access Biologicals, LLC v. XPO Logistics, LLC

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 13 ACCESS BIOLOGICALS, LLC, No. 2:19-cv-01964-JAM-DB Plaintiff, v. ORDER DENYING DEFENDANT’S MOTION

TO DISMISS OR TRANSFER

XPO LOGISTICS, LLC, Defendant. 19 Access Biologicals, LLC (“Access”) filed suit against XPO Logistics, LLC (“XPOL”) in September 2019. Compl., ECF No. 1. Access alleges XPOL’s improper delivery of an order of fetal bovine serum amounted to negligence, a breach of contract, and a violation of the Carmack Amendment, 49 U.S.C. § 14706. Compl. ¶¶ 18-59. Access raised these claims on its own behalf and as Life Technology, Inc.’s (“LTI”) assignee. Id. 27 28 XPOL filed a motion to dismiss or transfer Access’s suit.1 Mot. to Dismiss or Transfer (“Mot.”), ECF No. 9. XPOL argues each claim arises under a February 2, 2016 contract it entered with LTI. Mot. at 5. This contract incorporated a forum selection clause by way of XPOL’s “Standard Terms and Conditions.” Id. XPOL contends this clause…