M.D. Alabama, Northern Division.
Debra Skane, Plaintiff,
v.
Fedex, et al., Defendants.
CASE NO. 2:15-CV-134-WKW
|
Signed January 29, 2016
Attorneys and Law Firms
Debra Skanes, Montgomery, AL, pro se.
Michael Edwin Gabel, Thomas W. Murrey, Jr., Federal Express Corporation, Memphis, TN, for Defendants.
ORDER
- Keith Watkins CHIEF UNITED STATES DISTRICT JUDGE
*1 On January 12, 2016, the Magistrate Judge filed a Recommendation to which no timely objections have been filed. (Doc. # 37.) Upon an independent review of the file and upon consideration of the Recommendation, it is ORDERED that
(1) The Recommendation is ADOPTED;
(2) The motion for summary judgment filed by Defendant Federal Express Corporation (Doc. # 29) is GRANTED;
(3) The motion for summary judgment filed by Defendant FedEx Ground (Doc. # 31) is GRANTED in part as to Plaintiff’s state law claims, as these claims are preempted by the Carmack Amendment, 49 U.S.C. § 14706;
(4) This matter is referred back to the Magistrate Judge for further proceedings, including a recommended disposition on FedEx Ground’s motion for summary judgment (Doc. # 31) as to Plaintiff’s Carmack Amendment claim.
It is further ORDERED that:
(1) FedEx Ground’s motion to amend/correct an exhibit used in support of its motion for summary judgment (Doc. # 38) is GRANTED and that Defendant may file the evidence on or before February 3, 2016; and
(2) Plaintiff may file a brief and evidence in response to the new evidence on or before February 12, 2016.1
All Citations
Slip Copy, 2016 WL 375063
Footnotes
1
Plaintiff should refer to the Magistrate Judge’s order of October 15, 2015 (Doc. # 35), for guidance about responding to a motion for summary judgment.
