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Schwarz v. Nat'l Van Lines, Inc.

Schwarz v. Nat'l Van Lines, Inc.

United States District Court for the Northern District of Illinois, Eastern Division

May 20, 2004, Decided ; May 21, 2004, Docketed

Case No. 03 C 7096

Opinion

MEMORANDUM OPINION AND ORDER

AMY J. ST. EVE, District Court Judge:

Plaintiff Sofia Schwarz filed an amended complaint against Defendants National Van Lines, Inc. ("National"), Dwayne Schiesser, and Apex Relocation Specialists, Inc. ("Apex"), alleging breach of contract by National under 49 U.S.C. § 14706 (the "Carmack Amendment") (Count I), conversion by National (Count II), intentional infliction of emotional distress by National (Count III),  [*2]  negligent infliction of emotional distress by National (Count IV), breach of the implied covenant of good faith and fair dealing by National (Count V), constructive fraud based on breach of fiduciary duty by National (Count VI), and statutory claims under Section 1961 of the Racketeer Influenced and Corrupt Organizations Act ("RICO") against Schiesser and Apex (Counts VII and VIII). This Court has already denied Defendant National's motion to transfer venue pursuant to 28 U.S.C. § 1404(a). National now submits a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6). For the reasons stated herein, Defendant's motion is granted in part and denied in part.

BACKGROUND

Plaintiff is a citizen of the United States and resides in Oregon. (R. 3-1, Pl.'s First Am. Compl. P1.) Defendant National is an Illinois corporation engaged in the business of transporting household goods. (Id. P2.) Defendant Schiesser is a United States citizen and resident of Texas. (Id. P3.) Defendant Apex is a defunct Texas corporation that provided interstate shipping of household goods as an agent of National and on its own behalf. ( [*3]  Id. PP4, 48.)

I. Schwarz's Move from Scottsdale to Salem

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2004 U.S. Dist. LEXIS 9398 *

SOFIA SCHWARZ, Plaintiff, v. NATIONAL VAN LINES, INC., DWAYNE SCHIESSER, and APEX RELOCATION SPECIALISTS, INC., Defendants.

Subsequent History: Motion granted by, Dismissed by Schwarz v. Nat'l Van Lines, Inc., 2004 U.S. Dist. LEXIS 12368 (N.D. Ill., July 1, 2004)

Prior History: Schwarz v. Nat'l Van Lines, Inc., 317 F. Supp. 2d 829, 2004 U.S. Dist. LEXIS 2738 (N.D. Ill., Feb. 23, 2004)

Disposition:  [*1]  Defendant National's motion to dismiss granted in part and denied in part. Plaintiff's request for punitive damages dismissed.

CORE TERMS

preempts, Carmack Amendment, Counts, motion to dismiss, allegations, punitive damages, shipment, emotional distress, plaintiff's claim, fair dealing, delivery, carrier, shipper, argues, negligent infliction of emotional distress, covenant of good faith, constructive fraud, amended complaint, household goods, conversion, contacted, damages

Civil Procedure, Defenses, Demurrers & Objections, Motions to Dismiss, Failure to State Claim, Business & Corporate Compliance, Transportation Law, Carrier Duties & Liabilities, State & Local Regulation, Transportation Law, Rail Transportation, Carmack Amendment, Damages, Bills of Lading, Interstate Commerce, Federal Preemption, Banking Law, Consumer Protection, State Law, General Overview, Contracts Law, Affirmative Defenses, Fraud & Misrepresentation, Torts, Business Torts, Actual Fraud, Unfair Business Practices, Intentional Torts, Intentional Infliction of Emotional Distress, Defenses, Measurement of Damages, Foreseeable Damages, Federal Powers, Damages, Types of Damages, Punitive Damages, Assault & Battery, Federal & State Interrelationships, Federal Common Law, Preliminary Considerations, Remedies, Appeals, Appellate Briefs, Reviewability of Lower Court Decisions, Preservation for Review, Conversion, Types of Negligence Actions, Negligent Infliction of Emotional Distress, Contracts Law, Types of Contracts, Covenants, Contract Interpretation, Good Faith & Fair Dealing, Antitrust & Trade Law, Private Actions, Racketeer Influenced & Corrupt Organizations, Criminal Law & Procedure, Racketeering, Racketeer Influenced & Corrupt Organizations Act