Oliver

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ArcBest II, Inc., No. 2:21-cv-00627-KJM-AC Plaintiff, ORDER v. Nicholas Oliver, et al., Defendants. 16 Plaintiff asserts a California statute regulating the moving industry is preempted by 18 federal law. Defendants move to dismiss, and both parties move for summary judgement. For 19 the reasons explained below, the court grants the motion to dismiss in part. Additionally, the 20 court grants plaintiff’s motion for summary judgment in part and grants defendants’ motion for summary judgment in part. 22 I. BACKGROUND A. Facts Plaintiff ArcBest II, Inc., which does business as “U-Pack,” is a “federally licensed . . . 25 property broker and freight forwarder.” First Am. Compl. (FAC) § 17, ECF No. 11. U-Pack has 26 been operating since 1997. Id. 42. It provides a customer with a container, “arranges for [the] container to be transported to the customer’s…