US$400+ Million? Decision(s) By Judge At 14 December 2021 Hearing May Provide Roadmap For What Carnival, MSC, Norwegian, Royal Caribbean May Owe Havana Docks Corporation In Libertad Act Lawsuit
/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
From First Complaint (5/2/19): “Plaintiff is entitled to all money damages allowable under 22 U.S.C. § 6082(a), including, but not limited to, those equal to the sum of: a. The amount greater of: (i) the amount certified by the Foreign Claims Settlement Commission, plus interest; (ii) the amount determined by a special master pursuant to 22 U.S.C. § 6083(a)(2); or (iii) the “fair market value” of the Subject Property, plus interest; b. Three times the amount determined above (treble damages); and c. Court costs and reasonable attorneys’ fees.”
LINK To First Complaint (5/2/19)
LINK To Foreign Claims Settlement Commission Certification Of Loss (4/21/71)
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
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.
SEC. 302. LIABILITY FOR TRAFFICKING IN CONFISCATED PROPERTY CLAIMED BY UNITED STATES NATIONALS. (a) Civil Remedy.-- (1) Liability for trafficking.--(A) Except as otherwise provided in this section, any person that, after the end of the 3-month period beginning on the effective date of this title, traffics in property which was confiscated by the Cuban Government on or after January 1, 1959, shall be liable to any United States national who owns the claim to such property for money damages in an amount equal to the sum of-- (i) the amount which is the greater of-- (I) the amount, if any, certified to the claimant by the Foreign Claims Settlement Commission under the International Claims Settlement Act of 1949, plus interest; (II) the amount determined under section 303(a)(2), plus interest; or (III) the fair market value of that property, calculated as being either the current value of the property, or the value of the property when confiscated plus interest, whichever is greater; and (ii) court costs and reasonable attorneys' fees. (B) Interest under subparagraph (A)(i) shall be at the rate set forth in section 1961 of title 28, United States Code, computed by the court from the date of confiscation of the property involved to the date on which the action is brought under this subsection. (2) Presumption in favor of the certified claims.--There shall be a presumption that the amount for which a person is liable under clause (i) of paragraph (1)(A) is the amount that is certified as described in subclause (I) of that clause. The presumption shall be rebuttable by clear and convincing evidence that the amount described in subclause (II) or (III) of that clause is the appropriate amount of liability under that clause. (3) Increased liability.--(A) Any person that traffics in confiscated property for which liability is incurred under paragraph (1) shall, if a United States national owns a claim with respect to that property which was certified by the Foreign Claims Settlement Commission under title V of the International Claims Settlement Act of 1949, be liable for damages computed in accordance with subparagraph (C). (C) Damages for which a person is liable under subparagraph (A) or subparagraph (B) are money damages in an amount equal to the sum of-- (i) the amount determined under paragraph (1)(A)(ii), and (ii) 3 times the amount determined applicable under paragraph (1)(A)(i).
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)
LINK To Libertad Act Lawsuit Filing Statistics
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)
