Case Information
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filed IN CLERK'S OFFICE CLERK'S OFFK US OlSTRICTCOURTE.D.N.Y. TRICT COURT * OECZnOl? *
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
BROOKLYN OFFICE X 15-CV-4774 (ARR) (SMG) HAMBURG-SUD NORTH AMERICA, INC., HAMBURG-SUD BRASIL LTD A, and HAMBURG SUDAMERIKANISCHE DAMPFSCHIFFAHRTS
MEMORANDUM AND GESSELSCHAFT K.A., ORDER Plaintiffs, NOT FOR ELECTRONIC -against- OR PRINT PUBLICATION BOMIX INDUSTRIA DE EMBALAGENS LTDA, X Defendant.
ROSS, United States District Judge: The Court has received the Report and Recommendation ("R & R") on the instant case dated November 3, 2017 from the Honorable Steven M. Gold, United States Magistrate Judge. See R & R, ECF No. 37. In his R & R, Judge Gold recommended that the Court deny plaintiffs' motion for default judgment and dismiss the complaint. Id. at 14. On November 17, 2017, plaintiffs timely filed a limited objection. See Obj. to R & R, ECF No. 38. As explained below, I adopt Judge Gold's thorough R & R and issue a superseding order that renders plaintiffs' objection moot.
BACKGROUND Plaintiffs brought this action under the Declaratory Judgment Act, 28 U.S.C. § 2201 et seq., in connection with a bill of lading subject to the Carriage of Goods by Sea Act ("COGSA"), 46 U.S.C. § 30701 et seq. See Compl. at 1-2, ECF No. 1. In bringing the lawsuit, plaintiffs sought to obtain a judgment declaring limits to the damages recoverable in a pending lawsuit filed against them in Brazil by defendant Bomix Industria de Embalagens Ltda ("Bomix"), a
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