The opinion of the court was delivered by: CONSTANCE BAKER MOTLEY
I. Findings of Fact and Conclusions of Law
This is an action pursuant to the provisions of the Interstate Commerce Act, 49 U.S.C. § 10101, et seq., to collect payment for unpaid freight bills for a shipment moved in interstate commerce. Plaintiff seeks to recover $ 2,388.10 plus pre- and post-judgment interest and costs. As discussed below, Plaintiff failed to comply with the requirement of transporting goods with reasonable dispatch as prescribed by the regulations of the Interstate Commerce Commission ("ICC"). Therefore, the request for relief is denied, and the Complaint is dismissed.
After hearing the evidence and after weighing the testimony, exhibits received in evidence and the credibility of the witnesses, the Court makes the following findings of fact and conclusions of law:
A. The Parties and Other Actors in the Transaction in Dispute.
1. Plaintiff United Transport Systems ("United") is a New York corporation with its principal office at 641 West 59th Street in New York City, New York. At all relevant times, United was a motor common carrier operating in interstate commerce under the authority of the ICC. (J. Pre-Trial Order P D(1).)
2. Defendant PIE Import Export Inc. ("PIE") is a New York corporation with its principal office at 495 South Broadway in Yonkers, New York. At all relevant times, PIE was engaged in the business of importing general merchandise. (J. Pre-Trial Order P D(2); R. at 9-10.)
3. Hudd Distribution Services, Inc. ("Hudd") is a corporation which operates a warehouse at 9400 Hall Road in Downey, California. Hudd provided warehouse services to PIE. (R. at 30; Pl.'s Ex. 3.)
4. Dynasty Warehouse, Inc. ("Dynasty") is a corporation with a warehouse located in the Brooklyn Navy Yards in Brooklyn, New York. Dynasty provided warehouse services to PIE. (R. at 33; Pl.'s Ex. 3.)
5. Sano/Cup Coastwide Sales ("Sano/Cup") is a company with a facility at 136 41st Street in Brooklyn, New York. Sano/Cup was a customer of PIE's. (R. at 87, 93, 106; Pl.s Ex. 3.)
B. Prior Course of Conduct Between the Parties.
6. The shipment in dispute in the instant case is not the first one transported by United for PIE; rather, in early 1991, United transported a shipment of toothpicks for PIE from California to Brooklyn, New York. (R. at 41-43.) Delivery of this shipment was executed within six days after pickup. (R. at 85.) Based on this shipment as a trial run, PIE claims it came to an oral understanding with United that future shipments could be delivered within six to ten days. (R. at 86.)