NYK Line (North America), Inc. v. Burlington Northern & Santa Fe Railway Co.

ORDER

REAL, District Judge.

1. INTRODUCTION

This case concerns a cargo theft occurring in transit on an interstate movement of goods by rail and motor carriers. The cargo was a load of Philip Morris cigarettes stowed within sealed container no. TRLU 5376554. As part of the intermodal movement, BNSF carried the container from its Chicago rail ramp to its Los An-geles rail ramp. The cargo was then supposed to be picked up by motor carrier K & R Transportation Co. (“K & R”) and drayed to one of the NYK terminals where it would be placed on an ocean carrier for further shipment to Tokyo, Japan.…