This was a reconsideration of the judgment in International Cargo Loss Prevention Inc v Mediterranean Shipping Co (USA) Inc, No 23-CV-1312 (JGLC), 2024 US Dist. LEXIS 3233, 2024 WL 37072 (SDNY, 3 January 2024) (CMI2338) where the Court held, among other things, that the plaintiff's cargo claim was not time-barred. The defendant carrier moved for a reconsideration.

The defendant's main contention was that the Court erred in not considering email exhibits attached to its motion to dismiss which dealt with the parties' agreement to extend the time bar deadline. If the Court agreed to consider the extension emails, the defendant further argues that the Court should grant the defendant's motion to dismiss in full because the emails unambiguously demonstrate that the parties' agreed deadline for the plaintiff to file its complaint was 15 February 2023 at 17h00 Central European Time, which the plaintiff missed.

Held: The defendant's motion for reconsideration is granted.

The Court agrees that the extension emails are integral, and that the Court should have reviewed them. The Court agrees with the defendant that the deadline stated is not ambiguous. The emails state that the defendant will grant the plaintiff an extension to file this suit up to 'February 15, 2023 - 1700 (CET time)'. The defendant contends that 'CET' unambiguously refers to Central European Time, while the plaintiff believes that CET refers to Central Time.

Having reconsidered the issue, the Court agrees that 'CET' has a 'definite and precise meaning', which is Central European Time. The plaintiff has not introduced any support to conclude that CET is an ambiguous term, is an abbreviation for Central Time, or is ever understood to mean anything other than Central European Time.

It is common practice for courts to refer to the dictionary to determine the plain and ordinary meaning of words to a contract, and numerous dictionaries confirm the Court's understanding. The Oxford English Dictionary's entry for 'Central European Time' specifies that it is 'abbreviated CET'. Similarly, Cambridge Dictionary's entry for 'Central European Time' states that its abbreviation is 'CET'.

Neither the Oxford English Dictionary nor Cambridge Dictionary contain entries for 'Central Time' and instead refer to that time zone as 'Central Standard Time'. Both dictionaries list 'CST' as the abbreviation for Central Standard Time.

Because the Court finds that CET unambiguously means Central European Time, the Court agrees with the defendant that the plaintiff's deadline to file its complaint was 15 February 2023 at 17h00 Central European Time, or 11h00 Eastern Standard Time (EST). The plaintiff did not file the complaint until 17h32 EST, outside of the agreed extension. Accordingly, the plaintiff's complaint is time-barred and is dismissed.