Summary
holding that when the parties extend COGSA to periods before loading and after discharge, COGSA completely preempts state law
Summary of this case from M3 Midstream LLC v. South Jersey Port Corp.Opinion
No. 2:09-cv-01110-MCE-DAD PS.
August 26, 2010
ORDER
Plaintiff is proceeding pro se with the above-entitled action. The matter was referred to a United States Magistrate Judge pursuant to Local Rule 302(c)(21).
On July 26, 2010, the magistrate judge filed amended findings and recommendations herein which were served on all parties and which contained notice that any objections to the amended findings and recommendations were to be filed within fourteen days after service of the amended findings and recommendations. Plaintiff filed timely objections, and defendant MSC Mediterranean Shipping Company S.A. Geneva filed a timely reply.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this court has conducted a de novo review of this case. Having carefully reviewed the entire file, the court finds the findings and recommendations to be supported by the record and by proper analysis.
Accordingly, IT IS HEREBY ORDERED that:
1. The amended findings and recommendations filed July 26, 2010 (Doc. No. 75) are adopted in full;
2. Plaintiff's May 15, 2009 motion for remand (Doc. No. 18) is denied; and
3. Defendant State Farm Mutual Automobile Insurance Company's May 7, 2009 motion to dismiss the professional negligence cause of action of plaintiff's complaint (Doc. No. 14) is granted.