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Air Express International USA, Inc. v. FFE Transportation Services

July 30, 2009

AIR EXPRESS INTERNATIONAL USA, INC., DBA DHL GLOBAL FORWARDING, PLAINTIFF,
v.
FFE TRANSPORTATION SERVICES, INC.; FFE LOGISTICS, INC.; ROBIN'S TRADING 2 LTD., DEFENDANTS.



The opinion of the court was delivered by: Honorable Manuel L. Real

AND RELATED CLAIMS.

FINDINGS OF FACTS AND CONCLUSIONS OF LAW

DATE: July 27, 2009 TIME: 10:00 a.m. ROOM: 8

I. FINDINGS OF FACT

1. Until September 2007, American Spirit operated as a motor carrier company with carrier authority.

2. In September 2007, American Spirit ceased operating as a motor carrier. Since September 2007, American Spirit has not provided motor carriage services for hire or otherwise.

3. From September 2007 to the present date, American Spirit has not employed any drivers, and has not owned, leased, operated, or otherwise used any vehicles, to provide transportation services of any kind.

4. On or about October 27, 2007, Robin's received an order from FFE Transportation Services Inc., to transport the Cargo from Hanover Park, Illinois, to Vernon, California. Robin's accepted the order.

5. On or about October 28, 2007, Robin's dispatched the order to Robin's Truck No. 245.

6. Between September 2007, and March 2008, Robin's did not dispatch any cargo to American Spirit, or any employee or vehicle thereof.

7. Robin's Truck No. 245 was a 1998 Freightliner tractor, VIN# 1FUYSDYB5WL968430 (the "TRACTOR").

8. From approximately September 24, 2007, until at least March 2008, the TRACTOR was operated by Robin's. During this time, the TRACTOR was operated under Robin's' carrier authority, and bore Robin's' Federal Motor Carrier Number, Robin's' Department of Transportation Number, and a decal reading "ROBIN'S TRADING."

9. American Spirit did not carry, transport, load, unload, handle, store, broker, or provide services of any ...


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