White v. Mayflower Transit, LLC

SNYDER, District Judge.

Proceedings: (IN CHAMBERS): DEFENDANT’S MOTION TO DISMISS PLAINTIFF’S SECOND AMENDED COMPLAINT (filed March 7, 2007)

The Court finds this motion appropriate for decision without oral argument. Fed. R.Civ.P. 78; Local Rule 7-15. Accordingly, the hearing date of April 2, 2007, is hereby vacated and the matter is taken under submission.

I. INTRODUCTION AND BACKGROUND

The instant case arises out of an agreement between plaintiff and defendant whereby defendant agreed to ship personal items belonging to plaintiff from New York to Los Angeles., On July 27, 2006, plaintiff filed…