Free Complaint - District Court of Delaware - Delaware

Case 1:08-cv-00220-GMS

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CAPEHART & SCATCHARD, P.A. A Professional Corporation Laurel Corporate Center, Suite 300 8000 Midlantic Drive - C.S. 5016 Mount Laurel, N.J. 08054 (856) 234-6800 Attorneys for Plaintiff By: John K. Fiorilla, Esq.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
________________________________ ILLINOIS CENTRAL RAILROAD COMPANY, an Illinois Corporation, Plaintiff, vs. MAMMOET USA, INC., Defendant. : : : : CASE NO. : : : : : :

CIVIL ACTION COMPLAINT

Plaintiff, Illinois Central Railroad Company, (hereinafter IC ), by way of Complaint against defendant, MAMMOET USA, INC., says: 1. The Court obtains jurisdiction in this matter pursuant to 28 USCA 1337 (a) and 49 USCA

10743(a) being a suit for interstate freight and transportation charges. 2. Plaintiff IC is an Illinois Corporation with its principal place of business at 17641 South

Ashland Avenue, Homewood, Illinois 60430, doing business in several states of the United States. 3. Plaintiff, IC and its connecting carriers at all times mentioned were common carriers by

railroad engaged in interstate commerce and doing business in the United States. 4. Defendant, MAMMOET USA, INC. (hereinafter MAMMOET ), is a Delaware

corporation, involved in providing customer driven and tailor made solutions in heavy lifting and transport, with an office at 1246 Maidencreek Road, Fleetwood, Berks County, Pennsylvania 19522.

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5.

The subject matter of this action stems from charges assessed under circulars and tariffs

published by the plaintiff for freight services throughout the United States and Canada, performed by IC for MAMMOET. 6. IC provided these services for MAMMOET.

At times between January 2004 and September 2005, IC performed the services noted in

paragraph 5 above as noted in Exhibit A annexed to this Complaint. 7. Pursuant to the applicable tariffs, circulars and contracts, there accrued to IC charges for

these services the sum of $53,324.40 US Dollars and an additional amount of $16,718.00 in Canadian Dollars.. A listing of the charges and the amount due for each is attached hereto as Exhibit A. 8. These charges were billed and payment demanded for the services rendered by IC to

MAMMOET at MAMMOET s offices at 20525 FM 221, Rosharon, Texas 77583, from where the bills have always been disputed and/or paid; however, the defendant has failed and refused to pay the bills noted in this Complaint. WHEREFORE, plaintiff IC demands that judgment against the defendant MAMMOET USA, INC. be entered on this Complaint in the amount of $53,324.40 in US Dollars to IC plus $16,718.00 in Canadian dollars (or its US Dollar equivalent), plus any additional charges that may be due at the time of hearing, together with prejudgment interest from the date of service, and for costs and disbursements of the Complaint.

CAPEHART & SCATCHARD, P.A. A Professional Corporation Attorneys for Illinois Central Railway Company

By__s/ John K. Fiorilla_______________ John K. Fiorilla DATED: November 29, 2007.

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Case 1:08-cv-00220-GMS
JS 44 (Rev. 3/99)

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CIVIL COVER SHEET

The JS-44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

I.

(a) PLAINTIFFS

ILLINOIS CENTRAL RAILWAY COMPANY
(b) County of Residence of First Listed Plaintiff ________________________ (EXCEPT IN U.S. PLAINTIFF CASES) (c) Attorneys (Firm Name, Address, and Telephone Number)

DEFENDANTS MAMMOET USA, INC.
County of Residence of First Listed Defendant ______________________________ (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE LAND INVOLVED.

Attorneys (If Known)

John K. Fiorilla, Esq. CAPEHART & SCATCHARD, P.A. 8000 Midlantic Drive - Suite 300 Mt. Laurel NJ 08054 (856) 234-6800

II. BASIS OF JURISDICTION

(Place an X in One Box Only)

III. CITIZENSHIP OF PRINCIPAL PARTIES
(For Diversity Cases Only) DEF 1

(Place an X in One Box for Plaintiff and One Box for Defendant)

1

U.S. Government Plaintiff U.S. Government Defendant

3

Federal Question (U.S. Government Not a Party) Diversity (Indicate Citizenship of Parties in Item III)

Citizen of This State

1

Incorporated or Principal Place of Business in This State Incorporated and Principal place of Business in Another State Foreign Nation

4

DEF 4

2

4

Citizen of Another State

2

2

5

5

Citizen or Subject of a Foreign Country

3

3

6

6

IV. NATURE OF SUIT
CONTRACT
110 Insurance 120 Marine 130 Miller Act 140 Negotiable Instrument 150 Recovery of Overpayment
& Enforcement of Judgment

(Place an X in One Box Only) TORTS
PERSONAL INJURY
310 Airplane 315 Airplane Product Liability 320 Assault, Libel & Slander 330 Federal Employers Liability 340 Marine 345 Marine Product Liability 350 Motor Vehicle 355 Motor Vehicle Product Liability 360 Other Personal Injury

FORFEITURE/PENALTY
610 Agriculture 620 Other Food & Drug 625 Drug Related Seizure of Property 21 USC 630 Liquor Laws 640 R.R. & Trucks 650 Airline Regs. 660 Occupational Safety/ Health 690 Other

BANKRUPTCY
422 Appeal 28 USC 158 423 Withdrawal 28 USC 157

OTHER STATUTES
400 State Reapportionment 410 Antitrust 430 Banks and Banking 450 Commerce/ICC Rates/etc. 460 Deportation 470 Racketeer Influenced and Corrupt Organizations 810 Selective Service 850 Securities/Commodities/ Exchange 875 Customer Challenge 12 USC 3410 891 Agricultural Acts 892 Economic Stabilization Act 893 Environmental Matters 894 Energy Allocation Act 895 Freedom of Information Act 900 Appeal of Fee Determination Under Equal Access to Justice 950 Constitutionality of State Statutes 890 Other Statutory Actions

PERSONAL INJURY
362 Personal Injury Med. Malpractice 365 Personal Injury Product Liability 368 Asbestos Personal Injury Product Liability

PROPERTY RIGHTS
820 Copyrights 830 Patent 840 Trademark

151 Medicare Act 152 Recovery of Defaulted Student Loans (Excl. Veterans) 153 Recovery of Overpayment of Veteran s Benefits 160 Stockholder s Suits 190 Other Contract 195 Contract Property Liability

PERSONAL PROPERTY
370 Other Fraud 371 Truth in Lending 380 Other Personal Property Damage 385 Property Damage Product Liability

LABOR
710 Fair Labor Standards Act 720 Labor/Mgmt. Relations 730 Labor/Mgmt. Reporting & Disclosure Act 740 Railway Labor Act 790 Other Labor Litigation 791 Empl. Ret. Inc. Security Act

SOCIAL SECURITY
861 HIA (139ff) 862 Black Lung (923) 863 DIWC/DIWW (405(g)) 864 SSID Title XVI 865 RSI (405(g))

REAL PROPERTY
210 Land Condemnation 220 Foreclosure 230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property

CIVIL RIGHTS
441 Voting 442 Employment 443 Housing/

PRISONER PETITIONS
510 Motions to Vacate Sentence Habeas Corpus: 530 General 535 Death Penalty 540 Mandamus & Other 550 Civil Rights 555 Prison Condition 4 Reinstated or

FEDERAL TAX SUITS
870 Taxes (U.S. Plaintiff or

Defendant)
871 IRS - Third Party 26 USC 7609

Accommodations
444 Welfare 440 Other Civil Rights

V. ORIGIN
1 Original

(PLACE AN X IN ONE BOX ONLY) 2 Removed from 3 Remanded from 5 Transferred from another 6 Multi District 7 Appeal to District Judge from

Proceeding

State Court

Appellate Court

Reopened

district (specify)

Litigation

Magistrate Judgment

VI. CAUSE OF ACTION VII. REQUESTED IN COMPLAINT

(Cite the U.S. Civil Statute under which you are filing and write brief statement of cause. Do not cite jurisdictional statutes unless diversity.) 28 USCA 1337(a) and 49

USCA 10743(a) - This suit involves interstate freight charges.
CHECK IF THIS IS A CLASS ACTION UNDER F.R.C.P. 23

DEMAND $ 53,324.40 USD $ 16,718.00 CAD

CHECK YES only if demanded in complaint: JURY DEMAND: Yes No

VIII. RELATED CASE(S) IF ANY (See instructions)
DATE 11/ 29/2007 FOR OFFICE USE ONLY 899752 0489-20790

JUDGE __________________________________________ SIGNATURE OF ATTORNEY OF RECORD s/ John K. Fiorilla, Esq.

DOCKET NUMBER ______________________

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