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FOURWINDS TRANSPORTATION, INC. et al v. RELIABLE EXPRESS, LLC et al complaint

FOURWINDS TRANSPORTATION, INC. et al v. RELIABLE EXPRESS, LLC et al complaint

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Published by: ACELitigationWatch on Mar 03, 2014
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03/03/2014

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 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN FOURWINDS TRANSPORTATION, INC.
11226 FourWinds Drive Eads TN 32028, and
 PLASTIC RECYCLERS SOUTHEAST, INC.
 1220 Church Street, N.E. Decatur AL 35601,
Plaintiffs,
v.
RELIABLE EXPRESS, LLC
8434 149
th
 Street Suite B Chippewa Falls WI 54729, and
WESTCHESTER FIRE INSURANCE COMPANY
436 Walnut Street Philadelphia PA 19106
Defendants.
Case No: 14-cv-142
COMPLAINT
 NOW COME Plaintiffs FourWinds Transportation, Inc. and Plastic Recyclers Southeast, Inc., by their attorneys DeWitt Ross & Stevens
s.c.
, and for their Complaint allege and show to the Court as follows:
Case: 3:14-cv-00142-wmc Document #: 1 Filed: 02/21/14 Page 1 of 9
 
 
2
PARTIES
1.
 
Plaintiff FourWinds Transportation, Inc., a Tennessee Corporation
(“FourWinds”), is
registered with the Federal Motor Carrier Safety Administration
(“FMCSA”), USDOT No.
 2229093, authorized to operate as a freight transportation broker nationwide (including Wisconsin), with its principal place of  business at 11226 FourWinds Drive, Eads TN 38028. 2.
 
Plaintiff
Plastic Recyclers Southeast, Inc. (“PRSEI”)
, is a Alabama Corporation, with its principal place of business at 1220 Church Street, N.E., Decatur AL 35601, registered to do business in Wisconsin with facilities located at 1409 Indianhead Drive, Menomonie WI 54751. 3.
 
Defendant Reliable Express, LLC
(“Reliable”)
is a motor carrier registered, at all times relevant hereto, with the FMCSA, USDOT No. 1031006, MC-432472, to operate as a motor carrier for-hire providing common carriage of freight, with its principal place of business, as registered with FMCSA and Wisconsin Department of Financial Institutions, at 8434 149
th
 Street, Suite B, Chippewa Falls WI 54729. Pursuant to its registration with the FMCSA, Reliable
’s agent for service of process in Wisconsin is
Christopher Walther, 4425 N. Port Washington Road, Suite 140, Milwaukee WI 53212. 4.
 
Defendant Westchester Fire Insurance
Company (“Westchester”) is
an insurer with its principal place of business at 436 Walnut Street, Philadelphia PA 19106. Upon information and belief, at all times relevant, Westchester was registered with the Wisconsin Office of the Commissioner of Insurance to do
Case: 3:14-cv-00142-wmc Document #: 1 Filed: 02/21/14 Page 2 of 9
 
 
3
 business as an insurer in Wisconsin and insured Reliable for cargo loss and damage under Westchester Policy No. I21080494-001.
FACTS RELATED TO JURISDICTION AND VENUE
 
5.
 
The subject matter, and claims set forth, in this Complaint arise under a contract between FourWinds and Reliable, for the benefit of PRSEI, for interstate transportation of freight, titled
Carrier-Broker Transportation Contract
and “Rate Confirmation”
 dated April 10, 2013 (collectively, the
“Transportation
Contract
”)
.
 
6.
 
The Transportation Contract and operations of FourWinds, as a  broker, and Reliable, as a carrier, are regulated by Congress under the Interstate Commerce Act, Title 49, Subtitle IV, Interstate Transportation, Part B,
Motor Carriers, Brokers and Freight Forwarders
. 7.
 
The matter in controversy exceeds $10,000 on a single bill of lading receipt. 8.
 
The District Court has original jurisdiction over the action pursuant to 28 USC § 1337(a). 9.
 
A substantial part of the events or omissions from which the claims arise occurred in the Western District of Wisconsin, 28 USC § 1391(b)(2).
FACTS APPLICABLE TO ALL CLAIMS
10.
 
PRSEI engaged FourWinds to arrange for transportation of the shipment from which the claims herein arise.
Case: 3:14-cv-00142-wmc Document #: 1 Filed: 02/21/14 Page 3 of 9

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