Mediator Reports In Four Cruise Company Libertad Act Lawsuits: "The parties are continuing to discuss settlement." Biden Administration Might Want To Delay Re-Authorizing Cuba Itineriaries
/There was a seven-word change in the most recent Mediator’s Report for each of the four Libertad Act Title III lawsuits filed by Havana Docks Corporation against cruise lines. The most important new word is “settlement.”
On 6 October 2020, the Mediator’s Report in each of the four lawsuits did not mention “settlement” while the 20 February 2021 Mediator’s Report included the sentence: “The parties are continuing to discuss settlement.” Meaning, a discussion or discussions about a settlement(s) predate 20 February 2021, but for what period is unknown and to what depth the discussions progressed is unknown. Plaintiffs had been reported previously as seeking approximately US$500 million from the four defendants.
If the Biden Administration re-authorizes passenger cruise ships to operate itineraries that include the Republic of Cuba, the cruise companies must decide if they would individually or collectively return to the Republic of Cuba while each remain defendants in litigation. Absent a dismissal or settlement of the lawsuits, the cruise companies would continue to be exposed to an additional count of trafficking as defined by Libertad Act for each arrival/departure to any of the three piers of the Terminal Sierra Maestra located at the Port of Havana.
For the cruise companies, having the Biden Administration delay a decision relating to the return of the Republic of Cuba for itineraries is beneficial as it lessens commercial pressures, including those from shareholders, insurance companies, and financial institutions to settle the lawsuits.
The Trump Administration on 2 May 2019 made operational Title III of the Cuban Liberty and Democratic Solidarity Act of 1996 (known as “Libertad Act”).
Title III authorizes lawsuits in United States District Courts against companies and individuals who are using a certified claim or non-certified claim where the owner of the certified claim or non-certified claim has not received compensation from the Republic of Cuba or from a third-party who is using (“trafficking”) the asset.
Since 2 May 2019, there have been thirty-three (33) lawsuits filed some of which have been appealed, consolidated, dismissed, refiled, reversed, and transferred within districts and from district to district. Some defendants have been dismissed, but the case continues with other defendants.
LINK To Libertad Act Lawsuit Statistics
HAVANA DOCKS CORPORATION, Plaintiff, v. CARNIVAL CORPORATION d/b/a CARNIVAL CRUISE LINE, a foreign corporation. Defendant. [SAME WORDING FOR EACH LAWSUIT]
MEDIATOR’S REPORT- In accordance with Local Rule 16.2(f)(1) of the Southern District of Florida, the amended scheduling order (ECF No. 80), and the order scheduling mediation (ECF No. 87), the undersigned Mediator reports that a mediation conference was held on October 5, 2020. All of the parties or their representatives were present at the conference with full authority. The case did not settle, but by agreement of the parties and the mediator, the mediation was adjourned (and not impassed) ending future developments in the case. The parties are continuing to discuss settlement. All of the parties have agreed that following briefing of dispositive motions another mediation will occur prior to trial.
LINK To Mediator Statement (20 February 2021)
MEDIATOR’S REPORT- In accordance with Local Rule 16.2(f)(1) of the Southern District of Florida, the amended scheduling order (ECF No. 80), and the order scheduling mediation (ECF No. 87), the undersigned Mediator reports that a mediation conference was held on October 5, 2020. All of the parties or their representatives were present at the conference with full authority. The case did not settle, but by agreement of the parties and the mediator, the mediation was adjourned (and not impassed) pending future developments in the case.
LINK To Mediator Statement (6 October 2020)
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)
LINK To Mediator Statement (20 February 2021)
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)
LINK To Mediator Statement (20 February 2021)
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)
LINK To Mediator Statement (20 February 2021)
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)
