HEROD'S STONE DESIGN v. MEDITERRANEAN SHIPPING COMPANY S.A..

Justia Dockets & Filings Second Circuit New York Southern District HEROD'S STONE DESIGN v. MEDITERRANEAN SHIPPING COMPANY S.A..

HEROD'S STONE DESIGN v. MEDITERRANEAN SHIPPING COMPANY S.A..

Plaintiff:	Herod's Stone Design
Defendant:	Mediterranean Shipping Company S.A.
Case Number:	1:2018cv05720
Filed:	June 25, 2018
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	XX Out of State
Presiding Judge:	Analisa Torres
Nature of Suit:	Marine
Cause of Action:	28 U.S.C. § 1331
Jury Demanded By:	None

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Date Filed	Document Text
January 23, 2020	Filing 85 CLERK'S JUDGMENT re: 84 Memorandum & Opinion in favor of BNSF Railway Company, Mediterranean Shipping Company S.A. against Herod's Stone Design. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court� 39;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 Plaintiff's 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. (Signed by Clerk of Court Ruby Krajick on 1/23/2020) (Attachments: # 1 Right to Appeal)(km)
January 22, 2020	Filing 84 ORDER: re: 47 MOTION for Summary Judgment or, alternatively Motion to Dismiss filed by Mediterranean Shipping Company S.A., 74 MOTION to Dismiss filed by BNSF Railway Company. 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 Plaintiff's claims are barred by the limitations per iod adopted in the Sea Waybill, MSC's motion for summary judgment is GRANTED. The Clerk of Court is directed to terminate the motions at ECF Nos. 47 and 74, and close the case. SO ORDERED. (Signed by Judge Analisa Torres on 1/22/2020) (ama) Transmission to Orders and Judgments Clerk for processing.

Date Filed

Document Text

January 23, 2020

Filing 85 CLERK'S JUDGMENT re: 84 Memorandum & Opinion in favor of BNSF Railway Company, Mediterranean Shipping Company S.A. against Herod's Stone Design. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court� 39;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 Plaintiff's 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. (Signed by Clerk of Court Ruby Krajick on 1/23/2020) (Attachments: # 1 Right to Appeal)(km)

January 22, 2020

Filing 84 ORDER: re: 47 MOTION for Summary Judgment or, alternatively Motion to Dismiss filed by Mediterranean Shipping Company S.A., 74 MOTION to Dismiss filed by BNSF Railway Company. 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 Plaintiff's claims are barred by the limitations per iod adopted in the Sea Waybill, MSC's motion for summary judgment is GRANTED. The Clerk of Court is directed to terminate the motions at ECF Nos. 47 and 74, and close the case. SO ORDERED. (Signed by Judge Analisa Torres on 1/22/2020) (ama) Transmission to Orders and Judgments Clerk for processing.

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Plaintiff: Herod's Stone Design
Represented By:	Michael M. Cohen
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Defendant: Mediterranean Shipping Company S.A.
Represented By:	William Joseph Pallas, III
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