Underwriters at Lloyd's Subscribing to Cover Note B1526MACAR1800089 v. TCSL, Inc.

Good Law
United States District Court, Northern District of CaliforniaAugust 21, 20204:19-cv-02945California1,044 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

UNDERWRITERS AT LLOYD’S SUBSCRIBING TO COVER NOTE Case No. 19-cv-02945-PJH B1526MACAR1800089,

Plaintiff, ORDER REQUESTING

SUPPLEMENTAL BRIEFING

v. Re: Dkt. No. 87 ABAXIS, INC., et al., Defendants.

14 Before the court is cross-defendant’s C.H. Robinson Worldwide Inc.’s (“CHR” or “cross-defendant”) motion to dismiss. In its motion, CHR challenges the court’s subject matter jurisdiction to hear the crossclaim pursuant to Federal Rule of Civil Procedure 12(b)(1). Mtn. at 14. Plaintiff Underwriters at Lloyd’s Subscribing to Cover Note B1526MACAR1800089 (“Underwriters” or “plaintiff”) filed the operative Second Amended Complaint (“SAC”) in the original action on August 13, 2019. Dkt. 28. When it was filed, the SAC asserted subject matter jurisdiction on the basis of federal question jurisdiction, (SAC ¶ 1), specifically, plaintiff alleged a cause of action under the Carmack Amendment, 49 U.S.C. § 14706, against both TCSL, Inc.…

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