Lopez v. Truckers Transp. Alliance, Inc.

• Decision Date: 03 June 2020
• Docket Number: EP-20-CV-66-KC
• Citation: 465 F.Supp.3d 689
• Parties: Andres Aguilar LOPEZ, Jr., Individually and as Next Friend of A.L.L., a Minor, and as Representative of the Estate of Amy Michelle Lopez (Deceased), Tailor Fields, George W. Berrihger and Gail Berrihger, Plaintiffs, v. TRUCKERS TRANSPORTATION ALLIANCE, INC., Gabriel Enriquez; ROAR Logistics, Inc., and Ford Motor Company, Defendants, Kolby Fields, Intervenor Plaintiff, v. Truckers Transportation Alliance, Inc., Gabriel Enriquez; ROAR Logistics, Inc., and Ford Motor Company, Defendants. Jose Antonio Rodriguez Pineda and Maria Romo-Carlos, Individually and as Next Friends of M.R., A.R. and B.R., Minors, Intervenor Plaintiffs, v. Truckers Transportation Alliance, Inc., Gabriel Enriquez; and ROAR Logistics, Inc., Defendants.
• Court: U.S. District Court — Western District of Texas

465 F.Supp.3d 689

Andres Aguilar LOPEZ, Jr., Individually and as Next Friend of A.L.L., a Minor, and as Representative of the Estate of Amy Michelle Lopez (Deceased), Tailor Fields, George W. Berrihger and Gail Berrihger, Plaintiffs,

v.TRUCKERS TRANSPORTATION ALLIANCE, INC., Gabriel Enriquez; ROAR Logistics, Inc., and Ford Motor Company, Defendants,Kolby Fields, Intervenor Plaintiff,

v.Truckers Transportation Alliance, Inc., Gabriel Enriquez; ROAR Logistics, Inc., and Ford Motor Company, Defendants.

Jose Antonio Rodriguez Pineda and Maria Romo-Carlos, Individually and as Next Friends of M.R., A.R. and B.R., Minors, Intervenor Plaintiffs,

v.Truckers Transportation Alliance, Inc., Gabriel Enriquez; and ROAR Logistics, Inc., Defendants.

EP-20-CV-66-KC

United States District Court, W.D. Texas, El Paso Division.

June 3, 2020

Jeffrey H. Cluff, Fadduol, Cluff & Hardy, PC, Lubbock, TX, Manuel H. Hernandez, Fadduol, Cluff, Hardy & Conaway, P.C., Odessa, TX, for Plaintiffs.

Carlos Rincon, Cindy M. Vazquez, Rincon Law Group, P.C., El Paso, TX, for Defendants Trucker Transportation Alliance, Inc., Gabriel Enriquez.

Aldo R. Lopez, Daniel H. Hernandez, Ray, Valdez, McChristian & Jeans a Professional Corporation, El Paso, TX, Jacob M. Borchers, Patrick Francis Madden, MacDonald Devin PC, Dallas, TX, for Defendant Roar Logistics, Inc.

Chantel Crews, Ainsa Hutson Hester & Crews LLP, El Paso, TX, William L. Mennucci, Thompson, Coe, Cousins & Irons LLP, Austin, TX, for Defendant Ford Motor Company.

ORDER

KATHLEEN CARDONE, UNITED STATES DISTRICT JUDGE

On this day, the Court considered Intervenor-Plaintiffs Jose Antonio Rodriguez Pineda and Maria Romos-Carlos', Individually and as Next Friends of M.R., A.R., and B.R., Minors, (collectively, the "Pineda Plaintiffs") Motion to Remand (the "Pineda Motion"), ECF No. 8; Plaintiffs Andres Aguilar Lopez, Jr., Individually and as Next Friend of A.L.L., a Minor, and as Representative of the Estate of Amy Michelle Lopez (Deceased), Tailor Fields, George W. Berrihger, and Gail Berrihger's (collectively, the "Lopez Plaintiffs") Motion to Remand (the "Lopez Motion"), ECF No. 12; and Intervenor-Plaintiff Kolby Fields' Motion to Remand (the "Fields Motion"), ECF No. 13 (collectively, the "Motions"). For the following reasons, the Motions are GRANTED , and this matter is REMANDED to the 448th Judicial District Court, El Paso County, Texas.

I. BACKGROUND

This matter arises out of an April 16, 2019, motor vehicle accident that occurred in Weatherford, Texas and resulted in the death of Amy Lopez. Pl.'s 2d Am. Pet. & Jury Demand 12, ECF Nos. 6-3–6-4.¹ The Lopez Plaintiffs filed suit in state court against Truckers Transportation, Inc. ("Truckers") and Gabriel Enriquez on April 29, 2019, bringing state common law claims for negligence and gross negligence.² Pl.'s Original Pet. & Jury Demand 1, ECF No. 6-3. On July 12, 2019, the Lopez Plaintiffs filed their First Amended Petition (the "July 2019 Petition"), naming ROAR Logistics, Inc. ("ROAR") as an additional Defendant. Pl.'s 1st Am. Pet. & Jury Demand (the "July Pet.") 2–3, 9–11, ECF No. 6-3. The July 2019 Petition included the following pertinent allegations regarding ROAR:

2. Defendant ROAR Logistics entered into a contract with Defendant Truckers Transportation on January 3, 2019 in El Paso County, Texas regarding the hauling of freight/goods in interstate commerce.

3. Pursuant to this agreement, on April 16, 2019 ROAR Logistics arranged for Truckers Transportation, an El Paso, Texas trucking company with El Paso, Texas truck drivers, to haul a load of Gatorade from Tolleson, Arizona to Dallas, Texas.

....

1. Defendant ROAR Logistics is liable for the injuries to Plaintiffs that resulted from the negligent conduct of Defendant Truckers Transportation because Defendant ROAR Logistics was a member of the joint venture with Defendant Truckers Transportation that resulted in the death, injuries, and/or damages of Plaintiffs.

2. The negligent conduct of Defendant Truckers Transportation is imputable to Defendant ROAR Logistics because they were mutual agents and principals [sic] in the operation of the vehicle in the furtherance of the joint venture, and as such had a joint and mutual right to ensure the safe operation of the vehicle involved in the collision.

....

3. .... Defendant ROAR Logistics' negligence includes but is not limited to the following acts and/or omissions:

a. In contracting Truckers Transportation and/or others of the companies with which it contracts;

b. In failing to conduct a thorough and proper investigation into the record, background, and/or qualifications of Defendant Truckers Transportation and its drivers, including Defendant Enriquez;

c. In retaining Defendant Truckers Transportation as a carrier when it knew or reasonably should have known that the company and/or Defendant Enriquez was incompetent and/or dangerous and/or retaining other employees when it knew or should have known they were incompetent and/or dangerous;

d. In failing to exercise reasonable care in the control retained over the work performed by Defendant Truckers Transportation and/or Defendant Enriquez;

e. In negligently imposing and/or failing to impose controls and/or requirements over Defendants Truckers Transportation and/or Enriquez in such a manner that it was foreseeable to Defendant ROAR Logistics would induce unsafe driving and/or violation of traffic laws and regulations in order to attempt to maintain the required delivery schedule and/or dispatches.

f. In negligently scheduling and/or dispatching the delivery to be fulfilled by Defendant Truckers Transportation and/or Defendant Enriquez in such a manner that it was foreseeable to Defendant ROAR Logistics that the driver dispatched by Defendant Truckers Transportation, Defendant Enriquez, would drive unsafely and/or violate traffic laws and regulations in order to attempt to maintain his schedule and/or dispatches.

Id. at 3, 9–10.

On August 1, 2019, ROAR was served with the July 2019 Petition. Service of Process Notice 1, ECF No. 6-3. On August 23, 2019, ROAR filed its Original Answer, which included the following defense:

1. Defendant asserts that Plaintiffs' claims and causes of action are preempted by the Interstate Commerce Commission Termination Act, 49 U.S.C. § 14501.

Def. ROAR Logistics, Inc.'s Original Ans. 2, ECF No. 6-3.

ROAR also filed special exceptions to the July 2019 Petition, arguing that the Lopez Plaintiffs' allegations did not provide ROAR "with fair notice of the specific claims against it." Def. ROAR Logistics, Inc.'s Special Exceptions to Pl.'s 1st Am. Pet. 1, ECF No. 6-3.

Then, on September 3, 2019, Fields filed his Plea in Intervention, making substantially the same allegations against ROAR as those made by the Lopez Plaintiffs in the July 2019 Petition. Plea in Intervention 4, 7–8, ECF No. 6-3. On September 24, 2019, the Pineda Plaintiffs also intervened, making substantially the same allegations against ROAR as the other Plaintiffs. Intervenor Pl.'s Original Pet. in Intervention & Request for Disclosure 5, 11–13, ECF No. 6-3. On October 2 and 3, 2019, ROAR filed Answers to Fields's Plea in Intervention and the Pineda Plaintiffs' Original Petition in Intervention, asserting the same preemption defense it asserted against the Lopez Plaintiffs. Def. ROAR Logistics, Inc.'s Original Ans. to Kolby Fields' Plea in Intervention 2, ECF No. 6-3; Def. ROAR Logistics, Inc.'s Original Ans. to Intervenor Pls. Rodriguez'/Romo's Pet. in Intervention, ECF No. 6-3. ROAR also filed special exceptions to the Intervenors' pleadings. Def. ROAR Logistics, Inc.'s Special Exceptions to Kolby Fields' Plea in Intervention, ECF No. 6-3; Def. ROAR Logistics, Inc.'s Special Exceptions to Rodriguez'/Romo's Pet. in Intervention, ECF No. 6-3.

On October 28, 2019, the Lopez Plaintiffs filed their Second Amended Petition, adding Ford Motor Company ("Ford") as a Defendant, but bringing the same allegations against ROAR. Pl.'s 2d Am. Pet. 17–22. ROAR renewed its special exceptions. Def. ROAR Logistics, Inc.'s Special Exceptions to Pl.'s 2d Am. Pet., ECF No. 6–4. On January 21, 2020, Fields also filed an Amended Petition, similarly adding allegations against Ford but maintaining the same allegations against ROAR. Intervenor Pl. Kolby Field's 1st Am. Pet. in Intervention 8–12, ECF No. 6-4. ROAR again renewed its special exceptions. Def. ROAR Logistics, Inc.'s Special Exceptions to Intervenor Pl. Kolby Fields' 1st Am. Pet. in Intervention, ECF No. 6-4.

On February 18, 2020, the Pineda Plaintiffs filed an Amended Petition (the "February 2020 Petition"). Intervenor Pl.'s 1st Am. Pet. in Intervention (the "Feb. 2020 Pet."), ECF Nos. 6-7–6-8. The Pineda Plaintiffs attached a copy of the Broker-Carrier Agreement between ROAR and Truckers, as Exhibit B to the February 2020 Petition. See Feb. 2020 Pet. Ex. B (the "Broker-Carrier Agreement"), ECF No. 6-8. The Broker-Carrier Agreement requires the parties to comply with various federal statutes and regulations, and states that "[t]his Agreement is for specified services pursuant to 49 U.S.C. § 14101(b)." Broker-Carrier Agreement 2, 4–6. In the February 2020 Petition, the Pineda Plaintiffs allege that "the Broker-Carrier Agreement between ROAR Logistics and Truckers Transportation ... clearly shows the common course of action and/or common business enterprise" between the two Defendants. Feb. 2020 Pet. 12. Otherwise, the February 2020 Petition brings essentially the same allegations against ROAR as those brought by the various previous petitions in this matter, including the July 2019 Petition. Compare id. at 11–14, with July Pet. 2–3, 9–11.

On March 17, 2020, ROAR removed the case to this Court. Notice of Removal, ECF No. 1. Because it contained the names of minor children, the Court ordered ROAR to redact the minors' name and refile the Notice of Removal, which it did, on March 24, 2020. Mar. 18, 2020, Order, ECF No. 3; Am. Notice of Removal, ECF No. 6. ROAR asserted federal question...