![]() Standard of Decision “To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’” Ashcroft v. § 14501(b) and the Federal Aviation Administration Authorization Act (FAAAA), 49 U.S.C. AGS asserts that two federal statutes preempt any negligence claim based on its brokerage services: the Interstate Commerce Commission Termination Act (ICCTA), 49 U.S.C. trucking accident that injured Plaintiff. To the extent Plaintiff’s filings constitute unauthorized supplemental briefs, they are disregarded only the information permitted by LCvR7.1(m) will be considered. 2 Although these Notices are authorized by LCvR7.1(m), Plaintiff included in his Notices additional legal argument. as a defendant, the Court expressly deferred a decision regarding the sufficiency of the Amended Complaint for an appropriate motion under Rule 12(b)(6). (“AGS”) is a freight broker who allegedly selected an unsafe motor carrier, Defendant Paul Salazar d/b/a RAS Trucking, to transport property, and the carrier’s employee allegedly caused the 1 In granting Plaintiff leave to amend his pleading to add AG Source, Inc. Plaintiff brings a common law negligence action to recover damages for personal injuries suffered in a motor vehicle accident. 2 The Motion is fully briefed and at issue. Both parties have filed notices of supplemental authority. 1 Plaintiff has filed a timely response and Defendant has replied. ![]() ![]() CIV-17-977-D ORDER Before the Court is Defendant AG Source, Inc.’s Motion to Dismiss Plaintiff’s Amended Complaint, filed pursuant to Fed. PAUL SALAZAR d/b/a RAS TRUCKING, et al., Defendants. 55 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA GREGORY LOYD, Plaintiff, v.
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