Chapman v. Allied Van Lines, Inc. et alMOTION for Partial Summary JudgmentE.D.N.C.March 9, 2017THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:15-CV-615-BR JOYCE CHAPMAN, Plaintiff, v. ALLIED VAN LINES, INC., Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT Pursuant to Rule 56 of the Federal Rules of Civil Procedure, Defendant Allied Van Lines, Inc. (“Allied”), through undersigned counsel, moves the Court for partial summary judgment on Plaintiff’s Carmack Amendment Claim (Count I of the Amended Complaint) on the grounds that there are no genuine issues of material fact as to the following issues: 1. Plaintiff’s acceptance and cashing of Allied’s Settlement Check, which was issued to satisfy Plaintiff’s entire claim as to any alleged damaged or missing household goods, constitutes an accord and satisfaction that bars any further recovery by Plaintiff in this action; 2. Plaintiff’s failure to file an adequate written claim within nine months of deliver of her household goods, pursuant to 49 U.S.C. §14706(e), 49 C.F.R. § 370.5, and 49 C.F.R. § 1005.3, bars any further recovery in this action; and 3. To the extent any portion of Plaintiff’s claim is not barred as noted above, Plaintiff is not entitled to recover any more than $0.60 per pound of any adequately identified household good that was damaged or lost because Plaintiff and Allied agreed to such a limitation of liability pursuant to 49 U.S.C. §14706(f). Case 5:15-cv-00615-BR Document 37 Filed 03/09/17 Page 1 of 3 In support of this Motion, and pursuant to Local Rule 56.1, Allied submits a Statement of Material Facts and Appendix to Local Civil Rule 56.1 Statement Of Material Facts, filed contemporaneously herewith. Additionally, in accordance with Local Rules 7.1 and 7.2, this motion is supported by a memorandum in support, filed contemporaneously herewith. THEREFORE, Defendant Allied respectfully requests the Court grant summary judgment in favor of Allied and against Plaintiff as requested herein. This the 9th day of March, 2017. /s/ Marc C. Tucker Marc C. Tucker N.C. State Bar No. 25722 marc.tucker@smithmoorelaw.com Jeffrey R. Whitley N.C. State Bar No. 46497 jeff.whitley@smithmoorelaw.com SMITH MOORE LEATHERWOOD LLP 434 Fayetteville Street, Suite 2800 (27601) Post Office Box 27525 Raleigh, North Carolina 27611 Telephone: (919) 755-8700 Facsimile: (919) 755-8800 Attorneys for Defendants 2 Case 5:15-cv-00615-BR Document 37 Filed 03/09/17 Page 2 of 3 CERTIFICATE OF SERVICE The undersigned hereby certifies that the foregoing document was electronically filed with the Clerk of Court using the CM/ECF system, which will send notice of such filing to the following registered CM/ECF users: Brooke A. Howard bah@howardlawpllc.com Howard Law, PLLC 555 Fayetteville St., Suite 201 Raleigh, NC 27601 Attorneys for Plaintiff This the 9th day of March, 2017. /s/ Marc C. Tucker Marc C. Tucker N.C. State Bar No. 25722 marc.tucker@smithmoorelaw.com Jeffrey R. Whitley N.C. State Bar No. 46497 jeff.whitley@smithmoorelaw.com SMITH MOORE LEATHERWOOD LLP 434 Fayetteville Street, Suite 2800 (27601) Post Office Box 27525 Raleigh, North Carolina 27611 Telephone: (919) 755-8700 Facsimile: (919) 755-8800 Attorneys for Defendants 3 Case 5:15-cv-00615-BR Document 37 Filed 03/09/17 Page 3 of 3
