Thiti Lert Watana Co., Ltd. v. Minagratex Corp.
Opinion
Opinion
Breyer, J.
MEMORANDUM AND ORDER
Defendant ISG has moved to dismiss plaintiffs eighth, ninth and eleventh causes of action for conversion, negligence and civil conspiracy respectively. The grounds for this motion are that the claims are barred either by the statute of limitations set forth by the Carriage of Goods by Sea Act (“COGSA”) or by the nine-month period of limitations set forth in paragraph nineteen of the Worldbridge bill of lading. Alternatively, defendant seeks to dismiss the conspiracy claim on the ground that it fails to meet the particularity requirements of Federal Rule of Civil Procedure 9(b).
BACKGROUND
According to the complaint, plaintiff Thiti Lert Watana Co., Ltd. is a Thai manufacturer and supplier of men’s undergarments. Complaint at ¶ 1. During the winter of 1997-1998 defendant Minagratex placed an order with plaintiff and agreed to pay for the goods under a letter of credit issued by defendant Republic Bank of New York, (“Republic Bank”). Complaint at ¶ 10-13, 15. Minagratex planned to distribute/supply the goods to defendant Harwood. Complaint at ¶ 9. Plaintiff shipped the goods in question to the United States under a bill of lading issued by freight forwarder…