Kotick v. Atlas Van Lines, Inc.
| Decision Date | 22 October 2019 |
| Docket Number | Civil Action No.: 18-11916 (FLW) |
| Parties | JORDAN KOTICK Plaintiff, v. ATLAS VAN LINES, INC., et. al. Defendants. |
| Court | U.S. District Court — District of New Jersey |
*NOT FOR PUBLICATION*
:
This matter comes before the Court on the Motion for summary judgment by Defendants Atlas Van Lines, Inc. ("Atlas") and AMJ Campbell Van Lines ("AMJ") ("cumulatively, Defendants), as to the claims brought by Plaintiff Jordan Kotick ("Plaintiff"). Plaintiff's claims are based, inter alia, on the loss or damage that occurred to his grandfather clock, during the transportation of his household goods by Defendants. For the reasons set forth below, Defendants' Motion for summary judgment as to Plaintiff's Carmack Amendment claim is DENIED, and the Motion is GRANTED as to Plaintiff's breach of contract and New Jersey Consumer Fraud Act ("NJCFA") claims.
The following facts are drawn from the parties' Local Rule 56.1 Statements of Material Facts and are undisputed unless otherwise noted. Additional facts will be set forth as required. Atlas operates as "a federally licensed motor carrier of household goods for transport in interstate and international commerce." Defendants' Statement of Undisputed Facts ( ), ¶ 4. AMJ served as a "local agent" for Atlas. Id. at ¶ 4. On April 13, 2013, Plaintiff and his wife enlisted Defendants' moving services to transport their household goods from New Jersey to Canada, during which Plaintiff's grandfather clock was damaged. Id at ¶ 1; Plaintiff's Statement of Material Facts in Dispute ("Pl.'s Facts"), ¶ 34. On July 5, 2013, Plaintiff "forwarded a correspondence via FedEx" to the President and CEO of AMJ, Bruce Browser, in which he "advis[ed] that his Grandfather Clock was damaged" during the transportation, and "express[ed] his dissatisfaction" with the overall quality of Defendants' moving services. Pl.'s Facts, ¶¶ 34-35. Plaintiff's correspondence did not elicit a response from either defendant. Id. at ¶ 35.
The parties' contractual agreement is governed by a "Household Goods Bill of Lading" ("Bill of Lading"). Defs.' Statement of Facts, ¶ 6. Plaintiff's signature appears on the Bill of Lading, and the front page is marked "Page 1 of 2." Declaration of Brenda McCandless (dated August 28, 2018) ("McCandless Dec."), ¶ 3, Ex. A. According to Defendants, "Terms and Conditions" are located on the "reverse side," including Paragraph 6, which provides: Defs.' Statement of Facts, ¶ 11. Plaintiff, however, avers that Defendants only "provided him [with] a copy of the front side," which neither contained nor referenced the purported "Terms and Conditions." Declaration of Jordan Kotick (dated December 31, 2018) ("Pl.'s Opp. Declaration"), ¶ 12.
On April 26, 2018,1 Plaintiff filed the instant Complaint against Defendants in the New Jersey Superior Court, Law Division, Mercer County, asserting various state law claims, including:(1) breach of contract; and (2) a violation of the NJCFA. On July 20, 2018, Defendants removed Plaintiff's Complaint on the basis of the Carmack Amendment, which provided this Court with federal question jurisdiction. Now, Defendants move for summary judgment, arguing that Plaintiff's claims are barred, because he did not file an appropriate "claim" with either Atlas or AMJ, as that term is defined in 49 C.F.R. § 1005.2, an implementing regulation of the Carmack Amendment. As an additional ground for summary judgment, Defendants contend that Plaintiff's state law causes of action are subject to Carmack preemption. Plaintiff opposes the motion. On October 8, 2019, the Court held a conference telephone call with the parties, addressing the merits of Defendants' Motion.
Summary Judgment is appropriate "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Fed. R. Civ .P. 56(c). A factual dispute is genuine only if there is "a sufficient evidentiary basis on which a reasonable jury could find for the non-moving party," and it is material only if it has the ability to "affect the outcome of the suit under governing law." Kaucher v. County of Bucks, 455 F.3d 418, 423 (3d Cir. 2006); see also Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). Disputes over irrelevant or unnecessary facts will not preclude a grant of summary judgment. Anderson, 477 U.S. at 248. "In considering a motion for summary judgment, a district court may not make credibility determinations or engage in any weighing of the evidence; instead, the non-moving party's evidence 'is to be believed and all justifiable inferences are to be drawn in his favor.'" Marino v. Indus. Crating Co., 358 F.3d 241, 247 (3d Cir. 2004) (quoting Anderson,477 U.S. at 255); see also Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986); Curley v. Klem, 298 F.3d 271, 276-77 (3d Cir. 2002).
The party moving for summary judgment has the initial burden of showing the basis for its motion. Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). "If the moving party will bear the burden of persuasion at trial, that party must support its motion with credible evidence . . . that would entitle it to a directed verdict if not controverted at trial." Id. at 331. However, if the burden of persuasion at trial would be on the nonmoving party, the party moving for summary judgment may satisfy Rule 56's burden of production by either (1) "submit[ting] affirmative evidence that negates an essential element of the nonmoving party's claim" or (2) demonstrating "that the nonmoving party's evidence is insufficient to establish an essential element of the nonmoving party's claim." Id. Once the movant adequately supports its motion pursuant to Rule 56(c), the burden shifts to the nonmoving party to "go beyond the pleadings and by her own affidavits, or by the depositions, answers to interrogatories, and admissions on file, designate specific facts showing that there is a genuine issue for trial." Id. at 324; see also Matsushita, 475 U.S. at 586; Ridgewood Bd. of Ed. v. Stokley, 172 F.3d 238, 252 (3d Cir. 1999). In deciding the merits of a party's motion for summary judgment, the court's role is not to evaluate the evidence and decide the truth of the matter, but to determine whether there is a genuine issue for trial. Anderson, 477 U.S. at 249. Credibility determinations are the province of the factfinder. Big Apple BMW, Inc. v. BMW of N. Am., Inc., 974 F.2d 1358, 1363 (3d Cir. 1992).
There can be "no genuine issue as to any material fact," however, if a party fails "to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial." Celotex, 477 U.S. at 322-23. "[A] complete failure of proof concerning an essential element of the nonmoving party's case necessarily rendersall other facts immaterial." Id. at 323; Katz v. Aetna Cas. & Sur. Co., 972 F.2d 53, 55 (3d Cir. 1992).
As the Supreme Court has long held, actions concerning the "liability of a carrier for damage to an interstate shipment is a matter of federal law controlled by federal statutes and decisions."2 Missouri P. R. Co. v. Elmore & Stahl, 377 U.S. 134, 137 (1964). In that connection, the Carmack Amendment to the Interstate Commerce Act creates a private cause of action for shippers against carriers that cause "loss or damage" during the transportation of a shippers' goods. 49 U.S.C. § 14706(d); S & H Hardware & Supply Co. v. Yellow Transp., Inc., 432 F.3d 550, 554 (3d Cir. 2005) (). Moreover, in implementing the Carmack Amendment, Congress intended to "create a national scheme of carrier liability for goods damaged or lost during interstate shipment" pursuant to the terms of a valid and enforceable bill of lading. Usinor Steel Corp. v. Norfolk S. Corp., 308 F. Supp. 2d 510, 517 (D.N.J. 2004) (citation omitted); Certain Underwriters at Interest at Lloyd's of London v. UPS of Am., Inc., 762 F.3d 332, 335 (3d Cir. 2014).
As a threshold issue, the parties dispute whether the Bill of Lading, which governs the transportation of Plaintiff's household goods, provided sufficient notice of its Terms and Conditions. Defendants contend that Plaintiff signed a two-sided Bill of Lading, on the back of which Terms and Conditions appeared, including the requirement to file a claim as a prerequisite to bring suit. Defs.' Statement of Facts, ¶ 10. Defendants argue that because Plaintiff failed to adhere to the condition precedent, his non-compliance precludes him from litigating the instant action. Defendants' Motion for Summary Judgment ( ), at 6-10. In a sworn declaration, however, Plaintiff states that he was "only provided [with] a copy of the front side" of the Bill of Lading. Pl.'s Opp. Declaration, ¶ 12. Thus, having never received notice, Plaintiff maintains that Defendants cannot seek to dismiss this action, on the basis of his failure to adhere to the Terms and Conditions. I find that a genuine dispute of material fact preludes summary judgment on this issue.
The Court first addresses whether the Terms and Conditions are binding upon Plaintiff. Relevant here, as a prerequisite to bringing suit, § 14706(e)(1) of the Carmack Amendment permits a carrier to require a shipper to file a written "claim," for the purpose of...
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