STX Pan Ocean Co., Ltd. v. ThyssenKrupp Materials NA, Inc. et al, No. 4:2011cv00208 - Document 28 (S.D. Tex. 2011)
Court Description: OPINION on Dismissal. (Signed by Judge Lynn N. Hughes) Parties notified. (ghassan, )
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S OU~HERN DISTRICT TEXA OF s UNITEDSTATES DISTRICT C OURT STX Pan Ocean Co., Ltd., Plaintiff, versus ThyssenKrupp Materials NA, Inc., et al., § § § § § § § Civil Action H.11.zo8 9 § Defendants. Opinion on Dismissal Claims asserted under the Carriage of Goods by Sea Act must be brought within one year. The damaged cargo was discharged November I through November 3,2008. Suits about STX Pan Ocean Co., Ltd., sued ThyssenKrupp Materials NA, Inc. and Gothaer Allgemeine Versicherung AG in this court on that cargo must have been brought by November 3, 2009. January 14, 2011, more than a year after limitations had expired. Even though Gothaer timely sued STX in China, its doing so has no effect on STX's own obligation to file on time in this court. This case will be dismissed for having been filed beyond limitations. Signed on August 23, 201 I, at Houston, Texas. Lynn N Hughes I United States District Judge
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