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EVENTUS MARKETING, INC. v. SUNSET TRANSP. CO.

Case No. 10-21331-CIV.

722 F.Supp.2d 1311 (2010)

EVENTUS MARKETING, INC., Plaintiff, v. SUNSET TRANSPORTATION CO., Defendant.

United States District Court, S.D. Florida.

July 14, 2010.

Attorney(s) appearing for the Case

Ricardo E. Oquendo, Esq. , New York, NY, Henry Philip Bell, Esq. , Henry P. Bell, P.A., South Miami, FL, for Plaintiff.

Gregg S. Garfinkel, Esq. , Nemeck-Cole, P.A., Sherman Oaks, CA, Heidi M. Roth, Esq., Coral Gables, FL, for Defendant.

ORDER GRANTING MOTION TO DISMISS AND LEAVE TO AMEND

JAMES LAWRENCE KING, District Judge.

Defendant's Motion to Dismiss relies upon federal preemption of all state, common and statutory law regarding liability of interstate carriers for interstate shipments.1 Plaintiff alleges that it hired Defendant on March 18, 2009 to provide transportation services of a tractor, trailer and driver for its 2009 Dr Pepper Club 23 Tour...

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