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J.H. Rose Logistics, LLC v. Dometic Corp.

United States District Court, W.D. Washington, Tacoma

June 10, 2019

J.H. ROSE LOGISTICS, LLC, Plaintiff,
v.
DOMETIC CORPORATION, Defendant.

          ORDER ON DEFENDANT'S MOTION TO DISMISS

          Robert J. Bryan United States District Judge.

         This matter comes before the Court on Defendant Dometic Corporation's (“Dometic”) Motion to Dismiss Amended Complaint. Dkt. 19. The Court has considered the pleadings filed in support of and in opposition to the motion and the file herein.

         Originally filed on January 22, 2019, this case was removed from Pierce County, Superior Court on January 25, 2019. Dkt. 1-1. Dometic now moves to dismiss the case, arguing that Rose has failed to plead a claim for relief. Dkt. 19. Plaintiff J.H. Rose Logistics, LLC (“Rose”) opposes the motion. Dkt. 23. For the reasons provided, the motion (Dkt. 19) should be denied.

         I. FACTS AND PROCEDURAL HISTORY

         A. FACTS

         According to the Amended Complaint, Dometic is a manufacturer of durable goods in China. Dkt. 18, at 2. It alleges that Dometic imports goods, which are delivered via ocean freighters to the United States. Id. The Amended Complaint maintains that Dometic then ships its goods by truck to its warehouse in Sumner, Washington, among other locations. Id. To that end, Dometic “engaged Elite International Cargo, LLC (“Elite”) . . . to broker both the ocean and overland freight shipments.” Id. It alleges that, “acting on behalf of Dometic and as Dometic's agent, Elite engage Rose to broker the overland freight hauling services necessary to transport Dometic's products from the Port of Seattle, and other ports, to Sumner, Washington, and other locations within the United States.” Id. The Amended Complaint asserts that, in reliance on Elite's representations, made on behalf of Dometic, Rose engaged Edgmon Trucking, LLC (“Edgmon”) “to provide overland freight hauling services necessary to transport Dometic's products.” Id.

         According to the Amended Complaint, Edgmon performed the services for Dometic as requested by Rose. Dkt. 18, at 3. It alleges that, as summarized in the attached General Ledger Report (Exhibit A), Rose paid Edgmon $154, 578.00 “on behalf of Dometic for the overland freight hauling services.” Id. The Amended Complaint asserts that despite having demanded payment from Dometic, Dometic has not repaid Rose. Id.

         Rose seeks $154, 578.00 in freight charges, plus interest, costs, attorneys' fees and for such “additional relief as determined appropriate by the Court.” Id.

         B. PROCEDURAL HISTORY

         On April 8, 2019, the Dometic's motion for judgment on the pleadings was denied without prejudice. Dkt. 16. That order provided, in part, that Dometic's motion was “not without merit.” Id. It further noted that:

The Complaint fails to contain a “short and plain statement of the claim.” The Complaint alleges that Rose provided a service and that it was not paid. It asserts an amount due. It does not identify a cognizable legal theory - breach of contract, unjust enrichment, or some other equitable claim for relief.

Id., at 5. That order also granted Rose's motion to file an amended complaint. Id. Rose filed the Amended Complaint on April 30, 2019. Dkt. 18. This motion followed.

         C. PENDING MOTION

         Dometic now moves to dismiss the Amended Complaint under Fed.R.Civ.P. 12(b)(6), arguing that the Amended Complaint contains no theory of relief. Dkt. 19. It asserts that Rose's Amended Complaint does not meet Rule 8's requirements. Id. Dometic urges ...


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