Collicutt Energy Services Inc. v. Trinity Logistics, Inc.

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 COLLICUTT ENERGY SERVICES INC., No. 2:22-CV-00364-TLN-CKD 12 Plaintiff, 13 v. ORDER 14 TRINITY LOGISTICS, INC., et al., 15 Defendants. 16

17 18 This matter is before the Court on Defendant, Cross-claimant, and Cross-defendant Trinity 19 Logistics, Inc.’s (“Trinity”) Motion for Summary Judgment. (ECF No. 37.) Plaintiff Collicutt 20 Energy Services Inc. (“Collicutt”) filed an opposition. (ECF No. 38.) Defendant, Cross- 21 defendant, and Cross-claimant M&L Express LLC (“M&L”) filed an opposition. (ECF No. 40.) 22 Defendant and Cross-defendant Play Book Carriers Inc. (“Play Book”) did not file an opposition. 23 Trinity filed a reply. (ECF No. 41.) For the reasons set forth below, the Court GRANTS in part 24 and DENIES in part Trinity’s Motion for Summary Judgment. (ECF No. 37.) 25 /// 26 /// 27 /// 28 1 I. FACTUAL AND PROCEDURAL BACKGROUND1 2 This case arises out of contracts to transport freight that was subsequently damaged in 3 transit. Collicutt is a…