Fujifilm N. Am. Corp. v. D/C Export & Domestic Packing, Inc.

339 F. Supp. 3d 790
CourtDistrict Court, E.D. Illinois
DecidedSeptember 11, 2018
DocketNo. 17 C 6680
StatusPublished
Cited by3 cases

This text of 339 F. Supp. 3d 790 (Fujifilm N. Am. Corp. v. D/C Export & Domestic Packing, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fujifilm N. Am. Corp. v. D/C Export & Domestic Packing, Inc., 339 F. Supp. 3d 790 (illinoised 2018).

Opinion

Chief Judge Rubén Castillo

In this diversity action, Fujifilm North America Corporation ("Plaintiff") alleges that D/C Export & Domestic Packing, Inc. ("Defendant") mishandled a commercial printing machine belonging to Plaintiff while it was stored at Defendant's warehouse in Elk Grove Village, Illinois, resulting in damage to the printer. (R. 1, Compl. ¶¶ 5-14.) Plaintiff asserts a variety of state-law claims against Defendant. (Id. ¶¶ 15-42.) Defendant moves for summary judgment on all of Plaintiff's claims pursuant to Federal Rule of Civil Procedure 56. (R. 30, Mot.; R. 31, Mem.1 ) For the reasons set forth below, Defendant's motion is granted in part and denied in part as stated herein.

RELEVANT FACTS

The following facts are undisputed unless otherwise stated. Plaintiff is a New York corporation with its principal place of business in Valhalla, New York. (R. 46, Pl.'s Resp. to Facts ¶ 2.) Defendant is an Illinois corporation providing warehouse services for hire. (Id. ¶ 1.) Third-party defendant Cargo Maritime, Inc. ("Cargo Maritime") is a freight forwarder that arranges *792transportation, storage, and other logistics services on behalf of its customers.2 (R. 49, Def.'s Resp. to Pl.'s Add'l Facts ¶ 4.) As a freight forwarder, Cargo Maritime does not itself transport, store, or otherwise physically handle its customers' cargo; instead, it procures those services from motor carriers, warehousemen, and other logistics service providers. (Id. )

In September 2016, on behalf of Plaintiff, Cargo Maritime arranged to have one of Plaintiff's "Graphium" commercial printing machines transported from a trade show in Rosemont, Illinois, and placed in storage. (Id. ¶ 13; R. 46, Pl.'s Resp. to Facts ¶ 6.) On September 13, 2016, Cargo Maritime contacted Defendant and requested a quote to have the printer picked up, transported, and stored in Defendant's warehouse in Elk Grove Village, Illinois. (R. 49, Def.'s Resp. to Pl.'s Add'l Facts ¶ 14.) The next day, September 14, 2016, Defendant responded to Cargo Maritime's quote request with a quote that included a storage fee of $1,612.40 per month. (Id. ¶ 15.) On either September 16 or 17, the printer, which weighs 27,398 pounds, was picked up from the trade show and delivered to Defendant's warehouse. (Id. ¶ 16; R. 46, Pl.'s Resp. to Facts ¶ 6.)

Defendant has provided warehousing services to Cargo Maritime's customers since 2012. (R. 49, Def.'s Resp. to Pl.'s Add'l Facts ¶ 5.) In prior dealings with Defendant, Cargo Maritime provided a "Due Diligence Checklist" to Defendant which stated the following:

It is a strict requirement and policy of Cargo Maritime, Inc. for warehouse companies when handling our cargo, to adhere to the Cargo Maritime Warehouse Due Diligence check list.
1. Safety comes first to Cargo Maritime * * *Please have your personnel HANDLE CARGO WITH GREAT CARE* * *
2. Keep our cargo away from traffic and hazardous cargo.
3. At all times cargo must be kept in a covered facility.
4. Cargo can not be re-handled or moved around inside covered facility, unless Cargo Maritime Inc. is notified beforehand and a cargo surveyor is in attendance when doing so.
5. If any forecast of extreme environmental conditions that may potentially cause harm to our cargo; Cargo Maritime, Inc. needs to be forewarned so we can take precautionary measures.

(Id. ¶ 7.) Kimberly Padovano ("Padovano"), Defendant's Customer Administrator who was responsible for the handling the Cargo Maritime account, understood that Defendant was required to abide by the Due Diligence Checklist. (Id. ¶¶ 9-10.) Padovano also understood that Cargo Maritime *793expected Defendant to adhere to the requirements in the Due Diligence Checklist. (Id. ) Paul Michalak ("Michalak"), Defendant's Vice President of Operations, also received the Due Diligence Checklist and does not recall ever telling Cargo Maritime that Defendant could not, or would not, adhere to its requirements. (Id. ¶ 11.)

On September 22, 2016, Defendant issued two warehouse receipts to Cargo Maritime for the printer. (Id. ¶ 21; R. 46, Pl.'s Resp. to Facts ¶ 7.) The front side of each warehouse receipt included the following message:

This is TO CERTIFY THAT WE HAVE RECEIVED the property listed hereon in apparent good order, except as noted herein ... SUBJECT TO ALL TERMS AND CONDITIONS INCLUDING LIMITATION OF LIABILITY HEREIN AND ON THE REVERSE HEREOF.

(R. 46, Pl.'s Resp. to Facts ¶ 8 (capitalization in original); R. 46-1, Askgaard Decl., Ex. I.) The reverse side of each warehouse receipt set forth Defendant's "Standard Contract Terms and Conditions for Merchandise Warehousemen" (the "Standard Terms and Conditions"), (R. 46, Pl.'s Resp. to Facts ¶ 9.) Section 1(a) of the Standard Terms and Conditions states:

This contract and rate quotation ... must be accepted within 30 days from the proposal date by signature of depositor on the reverse side of the contract. In the absence of written acceptance, the act of tendering goods described herein for storage or other services by warehouseman within 30 days from the proposal date shall constitute such acceptance by depositor.

(R. 46-1, Askgaard Decl., Ex. I; R. 50, Def.'s Add'l Facts ¶ 16.) Section 11 of the Standard Terms and Conditions addresses Defendant's liability for loss or damage to warehoused goods:

(a) THE WAREHOUSEMAN SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY TO GOODS STORED HOWEVER CAUSED UNLESS SUCH LOSS OR INJURY RESULTED FROM THE FAILURE BY THE WAREHOUSEMAN TO EXERCISE SUCH CARE IN REGARD TO THEM AS A REASONABLY CAREFUL MAN WOULD EXERCISE UNDER LIKE CIRCUMSTANCES AND WAREHOUSEMAN IS NOT LIABLE FOR DAMAGES WHICH COULD NOT HAVE BEEN AVOIDED BY THE EXERCISE OF SUCH CARE.
(b) GOODS ARE NOT INSURED BY THE WAREHOUSEMAN AGAINST LOSS OR INJURY HOWEVER CAUSED.
(c) THE DEPOSITOR DECLARES THAT DAMAGES ARE LIMITED TO 500 TIMES THE BASE RATE OR $0.05 PER POUND, WHICHEVER IS LESS, PROVIDED, HOWEVER, THAT SUCH LIABILITY MAY AT THE TIME OF ACCEPTANCE OF THIS CONTRACT AS PROVIDED IN SECTION 1 BE INCREASED UPON DEPOSITOR'S WRITTEN REQUEST ON PART OR ALL OF THE GOODS HEREUNDER IN WHICH EVENT AN ADDITIONAL MONTHLY CHARGE WILL BE MADE BASED UPON SUCH INCREASED VALUATION.

(R. 46, Pl.'s Resp. to Facts ¶ 10 (capitalization in original); R. 46-1, Askgaard Decl., Ex. I.) The warehouse receipts include a signature block for "Depositor's Acceptance" at the bottom of each page. (R. 49, Def.'s Resp. to Pl.'s Add'l Facts ¶ 22.) In addition, in the cover letter accompanying the warehouse receipts, Defendant stated "Please find the enclosed warehouse receipt covering the goods stored in our warehouse for your account. After review *794of the receipt and if everything is order [sic], please have the receipt signed by a duly authorized person. One copy is to be retained for your files and the other returned to this office." (Id.

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339 F. Supp. 3d 790, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fujifilm-n-am-corp-v-dc-export-domestic-packing-inc-illinoised-2018.