United States District Court, W.D. Washington, Tacoma
J.H. ROSE LOGISTICS, LLC, Plaintiff,
DOMETIC CORPORATION, Defendant.
ORDER ON DEFENDANT'S MOTION TO DISMISS
J. Bryan United States District Judge.
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.
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
FACTS AND PROCEDURAL HISTORY
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.
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
seeks $154, 578.00 in freight charges, plus interest, costs,
attorneys' fees and for such “additional relief as
determined appropriate by the Court.” Id.
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
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 ...