load, handle, stow, carry, keep, care for, and discharge the goods carried. (б) [Limitation of actions the goods or the date when the goods should have been delivered. In any event the carrier and the ship shall be discharged from all liability in respect of loss or damage unless suit is brought within one year after delivery of Carriage of Goods by Sea Act §§ 1, 3, Historical and Statutory Notes to 46 U.S.C. § 30701. The COGSA statute of limitations “is one which extinguishes the cause of action itself, and not merely the remedy.” Inc. v. St. Paul Fire & Marine Ins. Co., 156 F.Supp. 879, 883 (S.D.N.Y.1957), rev’d on other grounds sub nom, St. Paul Fire & Marine Ins. Co v. U.S. Lines Co., 258 F.2d 374 (2d Cir.1958); Am. Hoesch, Inc. v. S.S. AUBADE, 316 F.Supp. 1193, 1194 (D.S.C.1970) (<HOLDING>); cf. Midstate Horticultural Co. v. Penn. R.R.,
holding that there was no federal subject matter jurisdiction under the private cause of action provision of the act holding that provision is a statute of repose because by its own terms the provision does not just procedurally bar an untimely claim it substantively extinguishes the cause of action recognizing cause of action recognizing that cogsas timeforsuit provision extinguishes the cause of action and the remedy recognizing the cause of action