Maxime Kien, et al. v. Allied Van Lines, Inc.

Kien v. Allied Van Lines · United States District Court for the District of Nevada · January 14, 2026 · No. 2:24-cv-01153-CDS-EJY

Summary

The United States District Court for the District of Nevada granted Allied Van Lines, Inc.’s motion for summary judgment in a Carmack Amendment action concerning allegedly missing household goods during an interstate move. The court concluded that the plaintiffs failed to provide evidence creating a genuine dispute regarding damages, an essential element of their claim. The court denied Allied’s motion for judgment as moot and directed the clerk to enter judgment and close the case.

Holdings

  1. Allied was entitled to summary judgment because the Kiens failed to produce evidence creating a genuine dispute of material fact regarding damages, an essential element of their Carmack Amendment claim.
  2. Allied's motion for judgment on partial findings was denied as moot because the court granted Allied's motion for summary judgment.
  3. The Kiens did not establish a valid basis for reconsideration of the prior order granting the motion in limine and denying the request to reopen discovery.

Questions Presented

  1. Whether Allied was entitled to summary judgment because the Kiens failed to produce evidence supporting the damages element of their Carmack Amendment claim.
  2. Whether Allied's motion for judgment on partial findings should be denied as moot after summary judgment was granted.
  3. Whether the Kiens' response should be treated as a motion for reconsideration of the prior order granting Allied's motion in limine and denying a request to reopen discovery.

Disposition

other

Cases Cited (17)

  • Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 250-51 (1986)(followed)
  • Harper v. Wallingford, 877 F.2d 728, 731 (9th Cir. 1989)(followed)
  • Musick v. Burke, 913 F.2d 1390, 1394 (9th Cir. 1990)(followed)
  • Sonner v. Schwabe N. Am., Inc., 911 F.3d 989, 992 (9th Cir. 2018)(followed)
  • Galen v. County of Los Angeles, 477 F.3d 652, 658 (9th Cir. 2007)(followed)
  • Bhan v. NME Hosps., Inc., 929 F.2d 1404, 1409 (9th Cir. 1991)(followed)
  • United States v. Bensimon, 172 F.3d 1121, 1127 (9th Cir. 1999)(followed)
  • White v. Mayflower Transit, L.L.C., 543 F.3d 581, 584 (9th Cir. 2008)(followed)
  • Hall v. N. Am. Van Lines, Inc., 476 F.3d 683, 687-88 (9th Cir. 2007)(followed)
  • Hughes Aircraft Co. v. N. Am. Van Lines, Inc., 970 F.2d 609, 613 (9th Cir. 1992)(followed)

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Cited In (0)

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