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PIETRO CULOTTA GRAPES v. SOUTHERN PACIFIC TRANSP.

No. Civ. S-95-0215-WBS.

917 F.Supp. 713 (1996)

PIETRO CULLOTTA GRAPES LTD., a Canadian corporation; and P. Culotta & Co. [Ontario] Limited, a Canadian corporation, Plaintiffs, v. SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Delaware corporation; Southern Pacific Rail Corporation, a Delaware corporation; and San Joaquin Valley Railroad Co., a California Corporation; Defendants.

United States District Court, E.D. California.

January 16, 1996.

Attorney(s) appearing for the Case

Andrew J. Skaff, Karen Lorraine Peterson, Knox Ricksen, Oakland, CA, Rubin Strauber, Berkowitz Strauber and Tiger, Montreal, Quebec, Canada, for Pietro Culotta Grapes Ltd., P. Culotta & Co.

Carol A. Harris, Southern Pacific Transportation Company, San Francisco, CA, Terry Lee Allen, Allen, Polgar, Proietti and Fagalde, Merced, CA, for Southern Pacific Transportation Company Holding Inc., Southern Pacific Railroad, San Joaquin Valley Railroad Company.

Lori A. Shoemaker, Steinhart and Falconer, San Francisco, CA, Terry Lee Allen, Allen, Polgar, Proietti and Fagalde, Merced, CA, for Canadian National Railways.

MEMORANDUM AND ORDER

SHUBB, District Judge.

Defendants move for judgment on the pleadings on the grounds that plaintiffs' state law causes of action are preempted by the Carmack Amendment to the Interstate Commerce Act. For the reasons that follow, the motion is granted.

BACKGROUND

The following facts are undisputed by the parties. Defendants Southern Pacific Transportation Company, Southern Pacific Rail Corporation and San Joaquin...

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