2times Trucks, Inc. maintained a statutorily required registered agent for service of process in New York at 120 Main Street, Huntington, New York.3. Defendant FedEx Freight, Inc. doing business as FedEx Freight(“FedEx”) is believed to be an Arkansas corporation with its principal place of businessat Harrison, Arkansas, and at all material times maintained a statutorily requiredregistered agent for service of process at 111 Eighth Avenue, 13
Floor, New York, New York 10011. In addition FedEx maintains offices and places of business for shippingservices in multiple locations within the Court’s jurisdiction, including 33 Howard Street,New York, NY 10013.4. This Court has federal question subject matter jurisdiction pursuant to 28U.S.C. § 1331 as this action arises from the carriage of goods in interstate commerce andis governed by the Carmack Amendment to the Interstate Commerce Act, 49 U.S.C. §14706 and/or federal common law.5. The Court also has diversity subject matter jurisdiction pursuant to 28U.S.C. § 1332 as the citizenship of the parties is diverse and the amount in controversy,exclusive of interest and costs, exceeds $75,000.00.6. Concurrently there is pendent, ancillary and supplement jurisdiction as tocertain aspects of the claim in suit.7. Upon information and belief defendants at all material times maintainedroutes and conducted business within the State of New York as common carriers of cargo for hire, including with respect to the pick up, carriage and delivery of cargo, andthe provision of services related thereto, and are subject to the
jurisdiction of this Court.
Case 1:13-cv-01176-SAS Document 1 Filed 02/21/13 Page 2 of 6