Friedman's Express, Inc. v. SKF USA, Inc. (In Re Friedman's Express, Inc.)

OPINION

THOMAS M. TWARDOWSKI, Bankruptcy Judge.

Presently before the Court are two Motions for Summary Judgment filed by Defendant SKF USA, Inc., d/b/a CR Services and CR Industries (“SKF”). In the first motion (“Motion I”), SKF seeks summary judgment against debtor/plaintiff, Friedman’s Express, Inc. (“Debtor”), on the ground that Debtor lacks standing to bring the freight undercharge claims asserted in the complaint. In the alternative, SKF requests referral of Debtor’s interstate claims to the Interstate Commerce Commission (“ICC”) under the doctrine of “primary jurisdiction.” SKF also…