Herod's Stone Design v. Mediterranean Shipping Company S.A., 18 Civil 5720 (AT). (2020)
Court: District Court, S.D. New York
Number: infdco20200124f99
Visitors: 2
Filed: Jan. 23, 2020
Latest Update: Jan. 23, 2020
Summary: JUDGMENT ANALISA TORRES , District Judge . It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated January 22, 2020, and because the Court has personal jurisdiction over BNSF, BNSF's motion to dismiss under Rule 12(b)(2) is DENIED. But because the Sea Waybill expressly bars claims against subcontractors, BNSF's motion to dismiss under Rule 12(b)(6) is GRANTED. Because Plaintiffs claims are barred by the limitations period adopted in the Sea Wayb
Summary: JUDGMENT ANALISA TORRES , District Judge . It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated January 22, 2020, and because the Court has personal jurisdiction over BNSF, BNSF's motion to dismiss under Rule 12(b)(2) is DENIED. But because the Sea Waybill expressly bars claims against subcontractors, BNSF's motion to dismiss under Rule 12(b)(6) is GRANTED. Because Plaintiffs claims are barred by the limitations period adopted in the Sea Waybi..
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JUDGMENT
ANALISA TORRES, District Judge.
It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated January 22, 2020, and because the Court has personal jurisdiction over BNSF, BNSF's motion to dismiss under Rule 12(b)(2) is DENIED. But because the Sea Waybill expressly bars claims against subcontractors, BNSF's motion to dismiss under Rule 12(b)(6) is GRANTED. Because Plaintiffs claims are barred by the limitations period adopted in the Sea Waybill, MSC's motion for summary judgment is GRANTED; accordingly, the case is closed.
Source: Leagle
