Opinion
18 CIVIL 5720 (AT)
01-23-2020
HEROD'S STONE DESIGN, Plaintiff, v. MEDITERRANEAN SHIPPING COMPANY S.A. and BNSF RAILWAY COMPANY, Defendants.
JUDGMENT
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 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. Dated: New York, New York
January 23, 2020
RUBY J. KRAJICK
Clerk of Court
BY: /s/ _________
Deputy Clerk