Bracalente

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 RYDER GEAR, LLC, et al., Case No.: 21-CV-1551 W (AGS)

Plaintiffs,

ORDER GRANTING DEFENDANT’S

v. MOTION TO DISMISS [DOC. 5]

WITHOUT LEAVE TO AMEND

FORWARD AIR SERVICES, LLC, Defendant. 16 17 Pending before the Court is Defendant Forward Air Services, LLC’s motion to dismiss Counts 2 through 7 in the Complaint and one of the named Plaintiffs under Federal Rule of Civil Procedure 12(b)(6). Count 1 in the Complaint asserts a violation of the Carmack Amendment under 49 U.S.C. § 14706. (See Compl. [Doc. 1].) Counts 2 through 7 assert state-based violations. (See id.) Plaintiffs are Ryder Gear LLC (“Ryder”) and Anthony Robert Bracalente, individually and as Chief Executive Officer of Ryder. (Id. ¶¶ 1–3.) Defendant argues the six state-based counts are preempted under the Carmack Amendment. (MTD P&A [Doc. 5-1] 4:1–7:17.) Defendant also argues Plaintiff Bracalente lacks standing because the…