Potential Substantial Consequences For Defendants If Judge In Cruise Lines Libertad Act Lawsuit Grants Motion To Unseal Thousands Of Carnival, MSC, Royal Caribbean, And Norwegian Documents
/NOTE: ORDER RESETTING HEARING ON MOTIONS FOR SUMMARY JUDGMENT THIS CAUSE is before the Court upon the parties’ Joint Notice Regarding December 14th Hearing. See, e.g., Havana Docks Corp. v. Carnival Corp., No. 19-cv-21724, ECF No. [422]. Upon review, it is ORDERED AND ADJUDGED that the pending Motions for Summary Judgment are reset for hearing on Wednesday, January 12, 2022, at 9:30 a.m., before the undersigned in Courtroom 10-2, 400 North Miami Avenue, Miami, Florida 33128. The Court will allocate the morning and afternoon for the hearing. LINK To Order
HAVANA DOCKS CORPORATION, Plaintiff, v. CARNIVAL CORPORATION, Defendant.
HAVANA DOCKS CORPORATION, Plaintiff, v. MSC CRUISES SA, MSC CRUISES SA CO, and MSC CRUISES (USA) INC., Defendants.
HAVANA DOCKS CORPORATION, Plaintiff, v. ROYAL CARIBBEAN CRUISES, LTD., Defendant.
HAVANA DOCKS CORPORATION, Plaintiff, v. NORWEGIAN CRUISE LINE HOLDINGS, LTD., Defendant.
LINK To Foreign Claims Settlement Commission Certification Of Loss (4/21/71)
LINK To Libertad Act Lawsuit Filing Statistics
Plaintiff's Motion For Permission To Use Sealed Records At The December 14th Hearing (11/19/21)
Plaintiff Havana Docks Corporation (“Havana Docks”) respectfully requests an order authorizing the use of sealed documents at the December 14th hearing.
1. Substantial discovery materials were filed as exhibits in connection with the parties’ summary judgment motions, including documents, interrogatory answers, answers to requests for admission, and deposition transcripts.
2. Because almost all of these materials were designated “confidential” or “attorneys eyes only” when produced, the protective orders required Havana Docks to seek leave to file them under seal.
3. So the parties requested, and the Court granted, leave to file these records under seal until further order of the Court. Havana Docks took no position as to the duration of any sealing.
4. Because Havana Docks’ briefs and statements of material facts cited extensively to sealed material, those documents were also filed under seal.
5. On request of the parties,1 the Court set the pending summary judgment motions for hearing on December 14, 2021.
6. Havana Docks needs to use materials filed under seal in its presentation at the December 14, 2021 hearing.
7. The standing protective order in the Royal case contains the following provision regarding the use of “confidential” and “attorneys’ eyes only” information at a hearing: Whenever … CONFIDENTIAL INFORMATION or ATTORNEYS’ EYES ONLY INFORMATION is to be referred to or disclosed at trial or a hearing, any Party claiming confidentiality may seek leave from the Court to exclude from the room any person who is not entitled to receive CONFIDENTIAL INFORMATION or ATTORNEYS’ EYES ONLY INFORMATION. Royal Case, No. 19-cv-23590, ECF No. 83 at ¶ 12.
8. The standing protective orders in the Carnival, MSC, and NCL cases do not contain a comparable provision. In paragraph 3, however, they provide that: Any use of Protected Material at trial shall be governed by a separate agreement or order. Carnival Case, No. 19-cv-21724, ECF No.229; MSC Case, No. 19-cv-23588, ECF No. 81; Norwegian Case, No. 19-cv-23591, ECF No. 154.
9. Havana Docks believes that all parties should be able to freely and fully present their arguments at the December 14, 2021 hearing, including through the use of sealed records. The only limitation should be to maintain as confidential personal identification information as provided by Fed. R. Civ. P. 5.2(a).
10. Havana Docks respectfully requests an order permitting all parties to use records that have been filed under seal at the December 14th hearing, with exception for personal identification information, which should be redacted as provided in Rule 5.2(a). See Callahan, et. al. v. United Network for Organ Sharing, --- F.4th ---- , 2021 WL 5351863, at *6 (11th Cir. Nov. 17, 2021) (“As we have long recognized, when ‘a matter is brought before a court for resolution, it is no longer solely the parties’ case, but also the public’s case.’”).
Certification Pursuant to Local Rule 7.1(a)(3)
Counsel for Havana Docks certifies that he has conferred orally and in writing with counsel for the Defendants in a good faith effort to resolve by agreement the issues raised in this motion. Specifically, counsel has conferred by email on September 25, 2021 and November 16, 2021, and by phone on multiple occasions during the week of November 15, 2021. The parties, however, have been unable to resolve the issues raised in this motion.
ORDER SETTING HEARING ON MOTIONS FOR SUMMARY JUDGMENT THIS CAUSE is before the Court upon the parties’ Joint Request for Oral Argument on Motions for Summary Judgment. See Havana Docks Corp. v. Carnival Corp., No. 19-cv-21724, ECF No. [376]; Havana Docks Corp. v. MSC Cruises, SA, et al., No. 19-cv-23588, ECF No. [260]; Havana Docks Corp. v. Royal Caribbean Cruises Ltd., No. 19-cv-23590, ECF No. [181]; and Havana Docks Corp. v Norwegian Cruise Line Holdings, Ltd., No. 19-cv-23591, ECF No. [283], (collectively, the “Motions”). Upon review of the Motions, it is ORDERED AND ADJUDGED that the Motions are GRANTED, and the pending Motions for Summary Judgment are set for hearing on Tuesday, December 14, 2021 at 9:30 a.m. before the undersigned in Courtroom 10-2, 400 North Miami Avenue, Miami, Florida 33128. The Court recognizes that we continue to be in the midst of a global pandemic. As such, to the extent that the parties would prefer to appear by video conference, the parties should promptly notify the Court. DONE AND ORDERED in Chambers at Miami, Florida, on October 25, 2021.
LINK To Order Setting Hearing On Motions For Summary Judgement (10/26/21)
HAVANA DOCKS CORPORATION V. NORWEGIAN CRUISE LINE HOLDINGS, LTD. [1:19-cv-23591; Southern Florida District]
Colson Hicks Eidson, P.A. (plaintiff)
Margol & Margol, P.A. (plaintiff)
Hogan Lovells US LLP (defendant)
HAVANA DOCKS CORPORATION VS. ROYAL CARIBBEAN CRUISES, LTD. [1:19-cv-23590; Southern Florida District]
Colson Hicks Eidson, P.A. (plaintiff)
Margol & Margol, P.A. (plaintiff)
Holland & Knight (defendant)
HAVANA DOCKS CORPORATION V. MSC CRUISES SA CO, AND MSC CRUISES (USA) INC. [1:19-cv-23588; Southern Florida District]
Colson Hicks Eidson, P.A. (plaintiff)
Margol & Margol, P.A. (plaintiff)
Venable (defendant)
HAVANA DOCKS CORPORATION VS. CARNIVAL CORPORATION D/B/A/ CARNIVAL CRUISE LINES [1:19-cv-21724; Southern Florida District]
Colson Hicks Eidson, P.A. (plaintiff)
Margol & Margol, P.A. (plaintiff)
Jones Walker (defendant)
Boies Schiller Flexner LLP (defendant)
Akerman (defendant)
