The plaintiff, Dimond Rigging Co LLC (Dimond), hired the defendants, BDP International Inc (BDP) and Logitrans International Inc (Logitrans), to ship several tons of used manufacturing equipment consisting of 132 individual pieces from the port of Cleveland, Ohio to the port of Xingang, China. The shipment was delayed and the plaintiff incurred increased expense. The plaintiff alleged that the delays and expenses were due to BDP’s failure to disclose that BDP and Logistrans were not properly licensed ocean transportation intermediaries or non-vessel operating common carriers.

BDP and Logitrans filed motions to dismiss, arguing that the bill of lading was governed by COGSA/the Hague Rules and that the plaintiff’s claims were barred by the statute of limitations under COGSA/the Hague Rules. The Court was asked to decide whether the plaintiff’s claims were time-barred by COGSA.

Held: The plaintiff’s claims were time-barred by COGSA/the Hague Rule. The Court reasoned that the dispute between the plaintiff and the defendants was governed by the bill of lading, which states that COGSA/the Hague Rules applies before loading and after discharge and throughout the entire time the cargo is in the carrier’s custody. Therefore, the plaintiff’s claims fell under COGSA/the Hague Rule’s one-year statute of limitations.