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Wenig Saltiel
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Order | Filed: May 15, 2024 | Entered: May 15, 2024 New Son Yeng Produce NY, LLC v. Makabim Logistics Incorporated et al
Other Statutory Actions | New York Eastern
Order Dismissing Case
ORDER DISMISSING CASE. Plaintiff initiated this action in federal court, asserting federal jurisdiction based on its claim under the Carmack Amendment, 49 U.S.C. § 14706 et seq., for damages related to a shipment of persimmons. See ECF No. 1. On April 23, 2024, I directed the parties to submit supplemental briefing addressing whether the shipment at issue was exempt from the Carmack Amendment pursuant to a related provision of the U.S. Code that creates a carveout for "agricultural and horticultural commodities." Dkt. Order dated Apr. 23, 2024 (quoting 49 U.S.C. § 13506(a)(6)). In its supplemental brief, plaintiff states that the shipment at issue in this matter is "not covered by the Carmack Amendment" and the action should be dismissed for lack of subject matter jurisdiction. ECF No. 73. Defendants have not objected to plaintiff's conclusion. Accordingly, this case is dismissed without prejudice for lack of subject matter jurisdiction. All pending motions will be terminated. Ordered by Judge Allyne R. Ross on 5/15/2024. (GJ)
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Order | Filed: May 08, 2024 | Entered: May 08, 2024 New Son Yeng Produce NY, LLC v. Makabim Logistics Incorporated et al
Other Statutory Actions | New York Eastern
Order(Other)
ORDER. In its supplemental brief 73 , plaintiff states that the produce at issue in this matter is "not covered by the Carmack Amendment" and the action should be dismissed for lack of subject matter jurisdiction. If defendants wish to respond to plaintiff's brief, they must do so by May 10, 2024. Ordered by Judge Allyne R. Ross on 5/8/2024. (GJ)
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Response | Filed: May 08, 2024 | Entered: May 08, 2024 New Son Yeng Produce NY, LLC v. Makabim Logistics Incorporated et al
Other Statutory Actions | New York Eastern
Memorandum in Support
MEMORANDUM in Support supplemental brief filed by New Son Yeng Produce NY, LLC. (Kreinces, Leonard)
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