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Estes Express Lines, Inc. v. Puslow

August 13, 2009

ESTES EXPRESS LINES, INC., PLAINTIFF,
v.
GORDON PUSLOW, DEFENDANT.



The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

SCHEDULING CONFERENCE ORDER

Discovery Cut-Off: 3/26/10 Non-Dispositive Motion Filing Deadline: 4/9/10 Dispositive Motion Filing Deadline: 5/26/10 8/4/10 10:00 Ctrm. 10 Settlement Conference Date: Pre-Trial Conference Date: 8/23/10 11:00 Ctrm. 3 Ctrm. 3 (JT-7 days) Trial Date: 9/21/10 9:00

I. Date of Scheduling Conference. August 13, 2009.

III. Summary of Pleadings

1. Estes is a motor carrier with whom Defendant contracted for a large number of shipments as more precisely described in the complaint. Estes transported and delivered all shipments without exception, delay or other issues. Estes invoiced its freight charges and Defendant has failed and refused to pay such charges despite repeated demand. Defendant was not the actual owner of the goods being transported, but rather, served as a broker or an intermediary for or on behalf of the actual owner of such goods.

2. Estes has alleged claims for breach of contract, quantum meruit, breach of constructive trust and unjust enrichment, based on Defendant's failure to pay the agreed upon freight charges. Each count is based upon the fact that Defendant requested services, agreed to pay for services, received services, and failed to pay for such services. The count for constructive trust additionally alleges that the Defendant, acting as a shipper's agent or intermediary, contracted with shippers to have their goods transported in exchange for a fee, there was a corresponding duty to pass the shippers' payments on to Estes to cover Estes' freight charges, and such was not done.

3. Defendant fully disputes the factual and legal contentions by Plaintiff in the filed complaint and has filed an answer thereto.

IV. Orders Re Amendments To Pleadings

1. The parties do not presently contemplate amending the pleadings.

V. Factual Summary

A. Admitted Facts Which Are Deemed Proven Without Further Proceedings

1. Estes Express Lines, Inc. is a corporation incorporated under the laws of the State of Virginia.

2. Gordon Puslow is an individual and a resident of the Eastern District of California.

3. There is a dispute over the contracting for shipping services from the Plaintiff.

4. Although responsibility is in dispute, the case concerns a series of shipping services provided under bills of lading by Plaintiff.

B. Contested Facts

1. Estes transported certain shipments at the request of the Defendant.

2. Defendant operated under the names County Motorsports and You Got it Powersports.

3. Estes provided transportation services to the Defendant.

4. Defendant has not paid Estes' freight charges.

5. Estes is a motor carrier for hire.

6. Defendant acted as a shipper's agent/freight forward/broker/intermediary on behalf of shippers in arranging for the transportation of goods on their behalf.

7. Defendant never filed any written claims for damage or loss with Estes within nine months of delivery of any allegedly damaged or lost shipment.

8. The applicability of Estes' tariff.

9. The applicability of the discount forfeitures outlined in Estes' tariff.

10. The applicability of the collection charges outlined ...


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