Kelly v. FedEx Ground Package System, Inc.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Fallon Kelly, )
)
Plaintiff, ) ORDER ADOPTING REPORT AND
) RECOMMENDATION
vs. )
) Case No. 3:22-cv-00050
FedEx Ground Package System, Inc., )
)
Defendant, )
This action originated in North Dakota state court with Plaintiff Fallon Kelly asserting
damage caused to a rifle during transportation by Defendant FedEx Ground Package System, Inc.
(“FedEx”). Doc. No. 1, Exhibit A. FedEx removed the case to the United States District Court for
the District of North Dakota on March 25, 2022. Id. FedEx now moves to dismiss the complaint
for failure to state a claim upon which relief could be granted. Doc. No. 5. Kelly opposes the
motion to dismiss and moves for remand back to North Dakota state court. Doc. Nos. 10, 11.
On May 31, 2022, United States Magistrate Judge Alice R. Senechal issued a Report and
Recommendation, in which she recommended granting Kelly’s motion to remand and denying the
motion to dismiss. Doc. No. 18. FedEx was given until June 14, 2022 to file any objections and
did file an objection within the appropriate timeframe. Doc. No. 19. Kelly was given until June
21, 2022 to respond to the objection but did not respond.
The Court has carefully reviewed Judge Senechal’s Report and Recommendation, relevant
case law, and the entire record, and finds the Report and Recommendation to be persuasive. The
only reasonably foreseeable damages recoverable under the Carmack Amendment total less than
$10,000. Because FedEx has not met its burden of establishing this Court’s subject matter
jurisdiction, the case must be remanded.
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Accordingly, the Court ADOPTS the Report and Recommendation (Doc. No. 18) in its
entirety. The Court FINDS AS MOOT FedEx’s motion to dismiss (Doc. No. 5), GRANTS
Kelly’s motion for remand (Doc. No. 11), and REMANDS this case to Ransom County District
Court, Southeast Judicial District, State of North Dakota.
IT IS SO ORDERED.
Dated this 1st day of July, 2022.
/s/ Peter D. Welte________
Peter D. Welte, Chief Judge
United States District Court
Case 3:22-cv-00050-PDW-ARS Document 20 Filed 07/01/22 Page 2 of 2