MSC Cruises Libertad Act Lawsuit: Tens Of Thousands Of Documents Unsealed
/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)
Joint Motion For Enlargement Of Time To File Objections And Responses To Omnibus Report And Recommendation Regarding Daubert Motions (4/7/22)
Order On Motions For Reconsideration (4/6/22)
Reply In Support Of Defendants’ Expedited Motion To Remove Cases From Trial Calendar And Continue Remaining Pretrial Deadlines (4/5/22)
Order Unsealing The Summary Judgement Record (4/4/22)
Libertad Act Lawsuit Filing Statistics
04/08/2022 348
CLERK'S NOTICE of Compliance by Unsealing documents reference in 344 Order. (kpe) (Entered: 04/08/2022)
04/07/2022 346
Joint MOTION for Extension of Time to File Objections and Responses re 341 REPORT AND RECOMMENDATIONS on BIVENS case re 214 Plaintiff's SEALED MOTION Plaintiff Havana Docks Corporation's Motion to Exclude Opinions of Julian Ackert and Pablo Spiller filed by Havana Docks Corporation, 207 SEALED MOTI by Havana Docks Corporation. Responses due by 4/21/2022 (Kroeger, Thomas) (Entered: 04/07/2022)
04/05/2022 344
ORDER Unsealing The Summary Judgment Record. Signed by Judge Beth Bloom on 4/1/2022. See attached document for full details. (kpe) (Entered: 04/06/2022)
03/17/2022 329
OMNIBUS ORDER ON MOTIONS TO UNSEAL SUMMARY JUDGMENT RECORD granting in part and denying in part 317 Plaintiff Havana Docks Corporation's Motion to Unseal the Summary Judgment Record. Within 10 days of this Order, the parties shall meet and confer, and file and submit to the Court, a proposed order indicating a listing of the specific documents in each case that are to be unsealed and which documents will be refiled in the public record in redacted form. Signed by Judge Beth Bloom on 3/17/2022. See attached document for full details. (wc) (Entered: 03/17/2022)
03/17/2022 328
SUPPLEMENT Brief on Daubert Motions by Havana Docks Corporation (Martinez, Roberto) (Entered: 03/17/2022)
03/16/2022 327
SUPPLEMENT Memorandum In Connection with Daubert Motions by MSC Cruises (USA) Inc., MSC Cruises SA, MSC Cruises SA CO (Baldridge, James) (Entered: 03/16/2022)
03/14/2022 326
NOTICE by Havana Docks Corporation re 324 Notice of Supplemental Authority, Havana Docks' Response to Defendants' Notice of Supplemental Authority (D.E. 324) (Martinez, Roberto) (Entered: 03/14/2022)
03/11/2022 325
ORDER GRANTING IN PART DEFENDANTS MOTION FOR BRIEF ENLARGEMENT OF TIME TO FILE MOTIONS IN LIMINE. ORDER granting in part and denying in part 322 Motion for Extension of Time. In Limine Motions due by 4/8/2022. Signed by Judge Beth Bloom on 3/8/2022. See attached document for full details. (amb) (Entered: 03/11/2022)
03/10/2022 324
Notice of Supplemental Authority re 209 MOTION for Summary Judgment MSC CRUISES' INDIVIDUAL MOTION FOR SUMMARY JUDGMENT AND INCORPORATED MEMORANDUM OF LAW by MSC Cruises (USA) Inc., MSC Cruises SA, MSC Cruises SA CO (Attachments: # 1 Exhibit 1 - United States ex rel. Sheldon v. Allergan Sales, LLC) (Baldridge, James) (Entered: 03/10/2022)
03/08/2022 323
RESPONSE to Motion re 322 MOTION for Extension of Time to File Motions in Limine filed by Havana Docks Corporation. Replies due by 3/15/2022. (Martinez, Roberto) (Entered: 03/08/2022)
03/07/2022 322
MOTION for Extension of Time to File Motions in Limine by MSC Cruises (USA) Inc., MSC Cruises SA, MSC Cruises SA CO. Responses due by 3/21/2022 (Attachments: # 1 Text of Proposed Order)(Baldridge, James) (Entered: 03/07/2022)
02/23/2022 321
REPLY to Response to Motion re 317 MOTION to Unseal the Summary Judgment Record filed by Havana Docks Corporation. (Martinez, Roberto) (Entered: 02/23/2022)
02/22/2022 320
OMNIBUS ORDER ON MOTIONS TO STRIKE PLAINTIFF'S JURY TRIAL DEMAND. Defendants Carnival Corporation, MSC Cruises S.A. et al., and Royal Caribbean Cruises, LTD.'s Motions to Strike Plaintiff's Jury Trial Demand (ECF Nos. 297 in case 19-cv-21724, 190 in case 19-cv-23588, 112 in case 19-cv-23590) are DENIED. Signed by Judge Beth Bloom on 2/18/2022. See attached document for full details. (mc) (Entered: 02/22/2022)
02/16/2022 319
RESPONSE in Opposition re 317 MOTION to Unseal the Summary Judgment Record filed by MSC Cruises (USA) Inc., MSC Cruises SA, MSC Cruises SA CO. Replies due by 2/23/2022. (Attachments: # 1 Exhibit MSC Cruises' Proposed Documents to Remain Sealed or Be Refiled with Redactions, # 2 Affidavit of Joel Dovico)(Baldridge, James) (Entered: 02/16/2022)
02/10/2022 318
PAPERLESS ORDER expediting response to 317 Motion to Unseal. Response due by 2/16/2022. Signed by Judge Beth Bloom on 2/10/2022. (jd01) (Entered: 02/10/2022)
02/09/2022 317
MOTION to Unseal the Summary Judgment Record by Havana Docks Corporation. (Attachments: # 1 Text of Proposed Order)(Martinez, Roberto) (Entered: 02/09/2022)
02/08/2022 316
Plaintiff's RESPONSE to 313 Notice of Adoption Plaintiff Havana Docks Corporation's Response to Defendants' Objections to Judge Louis's Report & Recommendation on Plaintiff's Jury Demand by Havana Docks Corporation. (Martinez, Roberto) (Entered: 02/08/2022)
02/02/2022 315
TRANSCRIPT of Motion Hearings held on 01/12/2022 before Judge Beth Bloom, 1 - 265, plus index pages, Court Reporter: Yvette Hernandez, 305-523-5698 / Yvette_Hernandez@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/23/2022. Redacted Transcript Deadline set for 3/7/2022. Release of Transcript Restriction set for 5/3/2022. (yhz) (Entered: 02/02/2022)
01/31/2022 314
NOTICE by Havana Docks Corporation of Filing Daubert Hearing Presentations (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 12a Part 1, # 14 Exhibit 12a Part 2, # 15 Exhibit 12b Part 1, # 16 Exhibit 12b Part 2, # 17 Exhibit 12c, # 18 Exhibit 12d Part 1, # 19 Exhibit 12d Part 2) (Martinez, Roberto) (Entered: 01/31/2022)
11/08/2021 277
Plaintiff's Reply to Defendants' Additional Facts by Havana Docks Corporation. (Casey, Stephanie) Modified by unsealing documents pursuant to DE 344 Orderon 4/8/2022 (kpe). (Entered: 11/08/2021)
11/08/2021 276
PLAINTIFF HAVANA DOCKS CORPORATION'S REPLY IN SUPPORT OF ITS OMNIBUS MOTION FOR PARTIAL SUMMARY JUDGMENT by Havana Docks Corporation. (Martinez, Roberto) Modified by unsealing documents pursuant to DE 344 Order on 4/8/2022 (kpe). (Entered: 11/08/2021)
11/08/2021 275
DEFENDANTS' REPLY IN SUPPORT OF THEIR OMNIBUS MOTION FOR SUMMRY JUDGMENT (ECFS 216 & 254) by MSC Cruises (USA) Inc., MSC Cruises SA, MSC Cruises SA CO. (Baldridge, James) Modified by unsealing specific documents pursuant to DE 344 Order on 4/8/2022 (kpe). (Entered: 11/08/2021)
11/08/2021 274
NOTICE by Havana Docks Corporation of Filing Exhibit in Support of its Reply to Defendants' Additional Facts (Attachments: # 1 Declaration of Jerry Johnson) (Casey, Stephanie) (Entered: 11/08/2021)
11/08/2021 273
MSC CRUISES' REPLY STATEMENT OF MATERIAL FACTS (ECF 210 & ECF 259) by MSC Cruises (USA) Inc., MSC Cruises SA, MSC Cruises SA CO. (Baldridge, James) Modified by unsealing documents pursuant to DE 344 Order on 4/8/2022 (kpe). (Entered: 11/08/2021)
11/08/2021 272
MSC CRUISES' REPLY IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT (ECF 209 & ECF 258) by MSC Cruises (USA) Inc., MSC Cruises SA, MSC Cruises SA CO. (Baldridge, James) Modified by unsealing documents pursuant to DE 344 Order on 4/8/2022 (kpe). (Entered: 11/08/2021)
10/29/2021 270
ORDER ON JOINT MOTION FOR BRIEF ENLARGEMENT OF TIME granting 269 Motion for Extension of Time. Signed by Judge Beth Bloom on 10/28/2021. See attached document for full details. (pcs) (Entered: 10/29/2021)
10/28/2021 269
Joint MOTION for Extension of Time to File Replies & Responses to Dispositive and Daubert Motions, Response and Reply to Plaintiff's Motion Relating to Ambar Diaz's Testimony and for Leave to File Those Replies and Response and Accompanying Exhibits Under Seal by Havana Docks Corporation. Responses due by 11/12/2021 (Attachments: # 1 Text of Proposed Order)(Martinez, Roberto) (Entered: 10/28/2021)
10/25/2021 268
ORDER SETTING HEARING ON MOTIONS FOR SUMMARY JUDGMENT granting 260 Joint MOTION for Hearing on Motions for Summary Judgment re 209 MOTION for Summary Judgment. Motion Hearing set for 12/14/2021 09:30 AM in Miami Division before Judge Beth Bloom. Signed by Judge Beth Bloom on 10/25/2021. See attached document for full details. (pcs) Modified text on 10/26/2021 (pcs). (Entered: 10/26/2021)
10/22/2021 267
PLAINTIFF HAVANA DOCKS CORPORATION'S CORRECTED RESPONSE IN OPPOSITION TO DEFENDANTS' OMNIBUS MOTION FOR SUMMARY JUDGMENT by Havana Docks Corporation. (Martinez, Roberto) Modified by unsealing documents pursuant to DE 344 Order on 4/8/2022 (kpe). (Entered: 10/22/2021)
10/22/2021 266
PLAINTIFF'S CORRECTED STATEMENT OF MATERIAL FACTS IN SUPPORT OF PLAINTIFF'S RESPONSE IN OPPOSITION TO DEFENDANT'S OMNIBUS MOTION FOR SUMMARY JUDGMENT by Havana Docks Corporation. (Martinez, Roberto) Modified by unsealing document pursuant to DE 344 Order on 4/8/2022 (kpe). (Entered: 10/22/2021)
10/20/2021 265
Clerks Notice to Filer re 258 SEALED MOTION, 250 Plaintiff's SEALED MOTION 254 SEALED MOTION. Wrong Event Selected; ERROR - The Filer selected the wrong event. Theses documents are not Motions. The corrections has been made by the Clerk. It is not necessary to refile this document. (nc) (Entered: 10/20/2021)
10/19/2021 264
NOTICE by MSC Cruises (USA) Inc., MSC Cruises SA, MSC Cruises SA CO NOTICE OF FILING INDEX OF EXHIBITS TO DEFENDANTS' OPPOSITION TO PLAINTIFF'S OMNIBUS MOTION FOR SUMMARY JUDGMENT AND DEFENDANTS' OPPOSING STATEMENT OF FACTS AND ADDITIONAL UNDISPUTED MATERIAL FACTS (ECF 252) (Attachments: # 1 Exhibit 1 Index of Exhibits) (Baldridge, James) (Entered: 10/19/2021)
10/19/2021 263
NOTICE by MSC Cruises (USA) Inc., MSC Cruises SA, MSC Cruises SA CO NOTICE OF FILING INDEX OF EXHIBITS TO MSC CRUISES' OPPOSITION TO PLAINTIFF'S INDIVIDUAL MOTION FOR SUMMARY JUDGMENT AND MSC CRUISES' OPPOSING STATEMENT OF UNDISPUTED MATERIAL FACTS (ECF 253) (Attachments: # 1 Exhibit 1 Index of Exhibits) (Baldridge, James) (Entered: 10/19/2021)
10/19/2021 262
NOTICE by Havana Docks Corporation NOTICE OF FILING INDEX OF EXHIBITS CITED IN PLAINTIFF'S OPPOSITION TO MSC DEFENDANTS' STATEMENT OF MATERIAL FACTS (Martinez, Roberto) (Entered: 10/19/2021)
10/19/2021 261
NOTICE by Havana Docks Corporation NOTICE OF FILING INDEX OF EXHIBITS CITED IN PLAINTIFF'S STATEMENT OF MATERIAL FACTS IN RESPONSE IN OPPOSITION TO DEFENDANT'S OMNIBUS MOTION FOR SUMMARY JUDGMENT (Martinez, Roberto) (Entered: 10/19/2021)
10/18/2021 260
Joint MOTION for Hearing on Motions for Summary Judgment by MSC Cruises (USA) Inc., MSC Cruises SA, MSC Cruises SA CO. (Baldridge, James) (Entered: 10/18/2021)
10/18/2021 259
Plaintiff's Statement of Material Facts in Support of Plaintiff's Response in Opposition to Defendant's Individual Motion for Summary Judgment by Havana Docks Corporation. (Casey, Stephanie) Modified by unsealing documents pursuant to DE 344 Order on 4/8/2022 (kpe). (Entered: 10/18/2021)
10/18/2021 258
Plaintiff's Response in Opposition to MSC's Individual Motion for Summary Judgment by Havana Docks Corporation. (Casey, Stephanie) Modified docket text/terminated motion on 10/20/2021 (nc). Modified by unsealing specific documents pursuant to DE 344 Order on 4/8/2022 (kpe). (Entered: 10/18/2021)
10/18/2021 257
Notice of Filing Exhibits Cited in Plaintiff's Opposition to MSC Defendants' Statement of Material Facts by Havana Docks Corporation. (Attachments: # 1 Havana Docks Corporations Amended Answers and Objections to the First Request for Admissions Served by MSC Cruises (USA) Inc., MSC Cruise SA Co. and MSC Cruise S.A. (collectively, MSC Cruises), dated August 3, 2021, # 2 Brochure: MSC Armonia Miami Caribbean & Cuba (MSCCUSA0000047703-47722), # 3 Brochure: Cuba (MSCCUSA0000047777-47786), # 4 Brochure: MSC Opera and MSC Armonia to Cuba (MSCCUSA0000048938-48952)) (Casey, Stephanie) Modified by unsealing documents pursuant to DE 344 Order on 4/8/2022 (kpe). (Entered: 10/18/2021)
10/18/2021 256
MSC CRUISES' OPPOSITION TO PLAINTIFF'S INDIVIDUAL MOTION FOR SUMMARY JUDGMENT (ECF 225) by MSC Cruises (USA) Inc., MSC Cruises SA, MSC Cruises SA CO. (Baldridge, James) Modified by unsealing documents pursuant to DE 344 Order on 4/8/2022 (kpe). (Entered: 10/18/2021)
10/18/2021 255
Plaintiff's Statement of Material Facts in Support of Plaintiff's Response in Opposition to Defendant's Omnibus Motion for Summary Judgment by Havana Docks Corporation. (Martinez, Roberto) Modified by unsealing documents pursuant to DE 344 Order on 4/8/2022 (kpe). (Entered: 10/18/2021)
10/18/2021 254
Plaintiff Havana Docks Corporation's Response in Opposition to Defendants' Omnibus Motion for Summary Judgment by Havana Docks Corporation. (Martinez, Roberto) Modified docket text/terminated motion on 10/20/2021 (nc). Modified by unsealing documents pursuant to DE 344 Order on 4/8/2022 (kpe). (Entered: 10/18/2021)
10/18/2021 253
MSC CRUISES' OPPOSING STATEMENT OF UNDISPUTED FACTS (ECF 224) by MSC Cruises (USA) Inc., MSC Cruises SA, MSC Cruises SA CO. (Attachments: # 1 Exhibit Ex. 145 MSC Cruises Expert Report of Benoit Merkt, # 2 Exhibit Ex. 146 MSCCUSA0000058302, # 3 Exhibit Ex. 147 MSCCUSA0000046952 (MSCC0000039350)) (Baldridge, James) Modified by unsealing documents pursuant to DE 344 Order on 4/8/2022 (kpe). (Entered: 10/18/2021)
10/18/2021 252
DEFENDANTS' OPPOSING STATEMENT OF FACTS AND ADDITIONAL UNDISPUTED MATERIAL FACTS AS TO WHICH THERE IS NO GENUINE ISSUE TO BE TRIED (ECF 223) by MSC Cruises (USA) Inc., MSC Cruises SA, MSC Cruises SA CO. (Attachments: # 1 Exhibit Ex. 125 Decrees & Translations-Final, # 2 Exhibit Ex. 126 Cuba Civil Code 1889, # 3 Exhibit Ex. 127 Cuban Mortgage Law of 1893, # 4 Exhibit Ex. 128 Regulations to Cuba Mortgage Law, # 5 Exhibit Ex. 129 Cuba Notorial Code of 1929, # 6 Exhibit Ex. 130 Dec. 9, 2020 Jerry Johnson Deposition & Exhibits, # 7 Exhibit Ex. 131 HDC023141, # 8 Exhibit Ex. 132 July 30, 2021 Tandy Bondi Deposition & Exhibits, # 9 Exhibit Ex. 133 Apr. 1, 2021 Jerry Johnson Deposition & Exhibits) (Baldridge, James) Modified by unsealing specific documents pursuant to DE 344 Order on 4/8/2022 (kpe). (Entered: 10/18/2021)
10/18/2021 251
DEFENDANTS' RESPONSE IN OPPOSITION TO PLAINTIFF'S OMNIBUS MOTION FOR PARTIAL SUMMARY JUDGMENT (ECF 222) by MSC Cruises (USA) Inc., MSC Cruises SA, MSC Cruises SA CO. (Baldridge, James) Modified by unsealing document pursuant to DE 344 Order on 4/8/2022 (kpe). (Entered: 10/18/2021)
10/18/2021
SYSTEM ENTRY - Docket Entry 250 [motion] restricted/sealed until further notice. (517538) (Entered: 10/18/2021)
10/18/2021
SYSTEM ENTRY - Docket Entry 249 [motion] restricted/sealed until further notice. (517538) (Entered: 10/18/2021)
10/18/2021 248
PLAINTIFF'S NOTICE OF FILING EXHIBITS IN WUPPORT OF IT'S STATEMENT OF MATERIAL FACTS IN RESPONSE IN OPPOSITION TO DEFENDANT'S OMNIBUS MOTION FOR SUMMARY JUDGMENT by Havana Docks Corporation. (Attachments: # 1 Exhibit Havana Docks Corporation Minutes of Special Directors Meeting, dated January 8, 1921 (HDC 004328-4332), # 2 Exhibit State of Delaware 1956 Annual Report for Havana Docks Corporation (HDC 008518-8519), # 3 Exhibit Carnival Corporations Response to Havana Docks Corporations First Request for Admissions, dated August 30, 2021, # 4 Exhibit Transcript of and Exhibits to the Deposition of Arnaldo Perez, taken in Havana Docks Corporation v. Carnival Corporation, dated October 23, 2020 (CONFIDENTIAL), # 5 Exhibit Consent in lieu of Stockholders Meeting of Havana Docks Corporation, dated August 1, 2018 (HDC 13044-13046), # 6 Exhibit State of Delaware 1957 Annual Report for Havana Docks Corporation (HDC 008516-8517), # 7 Exhibit Transcript of and Exhibits to the Deposition of Mickael Behn, taken in Havana Docks Corporation v. Carnival Corporation, dated November 30, 2020 (CONFIDENTIAL), # 8 Exhibit By-Laws of Havana Docks Corporation, adopted April 15, 1969 (HDC 005779-5802), # 9 Exhibit Consent in Lieu of Directors Meeting of Havana Docks Corporation, dated March 30, 2007 (HDC 013081), # 10 Exhibit Transcript of and Exhibits to the Deposition of Robert MacArthur, taken in Havana Docks Corporation v. Norwegian Cruise Line Holdings Ltd., dated April 8, 2021 (CONFIDENTIAL), # 11 Exhibit Cuban Assets Control Regulations (CACR) as of July 1, 1996, # 12 Exhibit Havana Docks Corporation Minutes of Annual Meeting of Annual Meeting of Stockholders, Dated April 29, 2008 (HDC 01390-1392 CONFIDENTIAL), # 13 Exhibit Consent in Lieu of Stockholders Meeting of Havana Docks Corporation, dated August 1, 2018 (HDC 014689-14691)) (Martinez, Roberto) Modified by unsealing specific documents pursuant to DE 344 Order on 4/8/2022 (kpe). (Entered: 10/18/2021)
10/15/2021 244
Unopposed MOTION for Leave to File Exhibits Under Seal by Havana Docks Corporation. (Attachments: # 1 Text of Proposed Order)(Martinez, Roberto) (Entered: 10/15/2021)
09/21/2021 225
Plaintiff Havana Docks Corporation's Individual Motion for Summary Judgment Against MSC Cruises SA & MSC Cruises (USA), Inc. by Havana Docks Corporation. (Martinez, Roberto) Modified by unsealing documents pursuant to DE 344 Order on 4/8/2022 (kpe). (Entered: 09/21/2021)
09/21/2021 224
Plaintiff Havana Docks Corporation's Statement of Material Facts in Support of Its Individual Motion for Summary Judgment Against MSC Cruises S.A., MSC Cruises S.A., CO., MSC Cruises (USA), Inc. by Havana Docks Corporation. (Martinez, Roberto) Modified by unsealing specific pursuant to DE 344 Order on 4/8/2022 (kpe). (Entered: 09/21/2021)
09/20/2021 223
Havana Docks Corporation's Omnibus Statement of Material Facts in Support of its Omnibus Motion for Summary Judgment by Havana Docks Corporation. (Casey, Stephanie) Modified by unsealing documents pursuant to DE 344 Order on 4/8/2022 (kpe). (Entered: 09/20/2021)
09/20/2021 222
Plaintiff Havana Docks Corporation's Omnibus Motion for Partial Summary Judgment by Havana Docks Corporation. (Casey, Stephanie) Modified by unsealing documents pursuant to DE 344 Order on 4/8/2022 (kpe). (Entered: 09/20/2021)
09/20/2021 221
NOTICE by MSC Cruises (USA) Inc., MSC Cruises SA, MSC Cruises SA CO re 216 Defendant's MOTION for Summary Judgment DEFENDANT'S OMNIBUS MOTION FOR SUMMARY JUDGMENT, 217 Statement,,,,, NOTICE OF FILING CERTAIN EXHIBITS UNDER SEAL IN SUPPORT OF DEFENDANTS' STATEMENT OF UNDISPUTED MATERIAL FACTS AS TO DEFENDANTS' OMNIBUS MOTION FOR SUMMARY JUDGMENT (Baldridge, James) (Entered: 09/20/2021)
09/20/2021 220
Notice of Filing Exhibits 62-63 Cited in Plaintiff's Statement of Material Facts in Support of Omnibus Motion for Summary Judgment Against Defendants by Havana Docks Corporation. (Attachments: # 1 Havana Docks Corporations Second Amended and Supplemental Answer and Objections to Defendants Third Set of Interrogatories dated July 30, 2021, # 2 Havana Docks Corporations Answers and Objections to the First Request for Admissions Served by Defendant dated March 19, 2021) (Casey, Stephanie) Modified by unsealing documents pursuant to DE 344 Order on 4/8/2022 (kpe). (Entered: 09/20/2021)
09/20/2021 219
DEFENDANTS' STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF OMNIBUS MOTION FOR SUMMARY JUDGMENT (ECF 216) by MSC Cruises (USA) Inc., MSC Cruises SA, MSC Cruises SA CO. (Attachments: # 1 Exhibit 1, # 2 Exhibit 1-1, # 3 Exhibit 1-2, # 4 Exhibit 1-3, # 5 Exhibit 1-4, # 6 Exhibit 1-5, # 7 Exhibit 1-6, # 8 Exhibit 1-7, # 9 Exhibit 1-8, # 10 Exhibit 1-9, # 11 Exhibit 1-10, # 12 Exhibit 14, # 13 Exhibit 15, # 14 Exhibit 16-1, # 15 Exhibit 16-2, # 16 Exhibit 16-3, # 17 Exhibit 16-4, # 18 Exhibit 16-5, # 19 Exhibit 17, # 20 Exhibit 18, # 21 Exhibit 20, # 22 Exhibit 23, # 23 Exhibit 24, # 24 Exhibit 25, # 25 Exhibit 26-1, # 26 Exhibit 26-2, # 27 Exhibit 26-3, # 28 Exhibit 28-1, # 29 Exhibit 28-2, # 30 Exhibit 28-3, # 31 Exhibit 29, # 32 Exhibit 30, # 33 Exhibit 31, # 34 Exhibit 32, # 35 Exhibit 33, # 36 Exhibit 34, # 37 Exhibit 35, # 38 Exhibit 36, # 39 Exhibit 37, # 40 Exhibit 38, # 41 Exhibit 39, # 42 Exhibit 40, # 43 Exhibit 41, # 44 Exhibit 42, # 45 Exhibit 43, # 46 Exhibit 44, # 47 Exhibit 46, # 48 Exhibit 47, # 49 Exhibit 48, # 50 Exhibit 49, # 51 Exhibit 50, # 52 Exhibit 51, # 53 Exhibit 52, # 54 Exhibit 53, # 55 Exhibit 54, # 56 Exhibit 55, # 57 Exhibit 56, # 58 Exhibit 57, # 59 Exhibit 58, # 60 Exhibit 59, # 61 Exhibit 61, # 62 Exhibit 62, # 63 Exhibit 63, # 64 Exhibit 65, # 65 Exhibit 67, # 66 Exhibit 72, # 67 Exhibit 73, # 68 Exhibit 74, # 69 Exhibit 75, # 70 Exhibit 76, # 71 Exhibit 78, # 72 Exhibit 80, # 73 Exhibit 82, # 74 Exhibit 85, # 75 Exhibit 90, # 76 Exhibit 92, # 77 Exhibit 93, # 78 Exhibit 97, # 79 Exhibit 99, # 80 Exhibit 100, # 81 Exhibit 102, # 82 Exhibit 104, # 83 Exhibit 105, # 84 Exhibit 109, # 85 Exhibit 110, # 86 Exhibit 111, # 87 Exhibit 112, # 88 Exhibit 114, # 89 Exhibit 115, # 90 Exhibit 117, # 91 Exhibit 120, # 92 Exhibit 121, # 93 Exhibit 122) (Baldridge, James) Modified by unsealing specific documents pursuant to DE 344 Order on 4/8/2022 (kpe). (Entered: 09/20/2021)
09/20/2021 218
Notice of Filing Exhibits 102-144 Cited in Plaintiff's Statement of Material Facts in Support of Individual Motion for Summary Judgment Against MSC Cruises S.A., MSC Cruises S.A. Co., MSC Cruises (USA), Inc. by Havana Docks Corporation. (Attachments: # 1 MSC Cruises (USA) Incs and MSC Cruises SA Co.s Supplement Responses to Plaintiffs First Set of Interrogatories dated September 8, 2020, # 2 MSC Cruises (USA) Incs and MSC Cruises SA Co.s Third Supplemental Response to Plaintiffs First Set of Interrogatories dated October 6, 2020, # 3 MSC Cruises SAs Objections and Responses to Plaintiffs First Sec of Interrogatories to MSC Cruises SA dated February 8, 2021., # 4 MSC Defendants Amended Responses to Plaintiffs First Request for Admissions to Defendants dated September 8, 2021, # 5 MSC Cruises SAs Second Supplemental Responses to Plaintiffs Second Set of Interrogatories to MSC Cruises, SA dated September 10, 2021, # 6 February 11, 2019 Letter to MSC from Rodney S. Margol, Esq. (HDC 018658-18659), # 7 June 21, 2018 Email re Documents for Cuba (MSCCUSA0000050633 50638 CONFIDENTIAL), # 8 Shore Excursion list (MSCCUSA0000065588-65589 CONFIDENTIAL), # 9 Shore Excursion Agreement for MSC Cruises Passengers between MSC Cruises S.A. and Agencia Viajes Cubanacan S.A. (certified translation and original) (MSCCUSA000006631566388 CONFIDENTIAL), # 10 MSC Armonia Excursion Revenue Report per Excursion Date (MSCCUSA0000068715 CONFIDENTIAL), # 11 Shore Excursion Daily Report for MSC Opera (MSCCUSA0000068783- 68792 CONFIDENTIAL), # 12 July 31, 2018 Cruise Port Operations Service Contract between Aries S.A. and MSC Cruises S.A. re Armonia (certified translation and original) (MSCCUSA000007940379420 CONFIDENTIAL), # 13 July 31, 2018 Cruise Port Operations Service Contract between Aries S.A. and MSC Cruises S.A. re Opera (certified translation and original) (MSCUSA000007942179435 CONFIDENTIAL), # 14 December 17, 2015 Agency Agreement between MSC Cruises SA and Agencia Maritima Mapor SA. (MSCCUSA000007993779950 CONFIDENTIAL), # 15 Document titled Recap Spreadsheet MIA-HAV 2018 & 2019 (MSCSA0000000236 CONFIDENTIAL), # 16 Spreadsheet titled HAV-HAV: 2015-2019 (MSCSA0000000370 ATTORNEYS EYES ONLY), # 17 List of MSC Excursions in Havana (NCLH_23591-00027311-27333), # 18 May 9. 2016 Email re MSC tour info Cuba (RCL-Havana0127752-127757 CONFIDENTIAL), # 19 FL Division of Corporations (Sunbiz) Printout for MSC Cruises SA CO, # 20 Transcript of and Exhibits (PLF 125-130) to the Deposition of Arnaldo Perez taken in Havana Docks Corporation v Carnival Corporation, 19-cv-21724 (S.D. Fla.) dated April 27, 2021 (CONFIDENTIAL), # 21 February 13, 2019 Email re Havana Meetings First Draft (HavanaDocks_0484030-484034 CONFIDENTIAL), # 22 Carnival Corporations Response to Plaintiffs Second Request for Admissions dated September 7, 2021, # 23 June 9, 2015 Email re Letter from Mr. Pierfrancesco Vago (certified translation and original) (MSCCUSA0000077298-77301 CONFIDENTIAL), # 24 February 3, 2019 Email re Havana Berth Schedule (RCL-Havana0157545157546 CONFIDENTIAL), # 25 March 4, 2019 03-04-19 Email re Seven Seas Voyager upcoming call to Havana on 06th March 2019; 48 hrs. NOA (certified translation and original) (NCLH_23591-00049220-49222), # 26 Transcript of and Exhibits to the Deposition of Nicolai Skogland in his capacity as Vikings Rule 30(b)(6) designee taken in Havana Docks Corporation v. Norwegian Cruise Line Holdings, dated February 2, 2021, # 27 Transcript of and Exhibits to the Deposition of Mario Parodi in his capacity as Norwegian Cruise Line Holdings Rule 30(b)(6) designee, taken in Havana Docks Corporation v. Norwegian Cruise Line Holdings, dated November 5, 2020 CONFIDENTIAL, # 28 Transcript of and Exhibits to the Deposition of Mario Parodi in his capacity as Norwegian Cruise Line Holdings Rule 30(b)(6) designee, taken in Havana Docks Corporation v. Norwegian Cruise Line Holdings, dated November 5, 2020 CONFIDENTIAL, # 29 August 21, 2018 Email re Berth Request for Riviera (NCLH_23591-00005908-11), # 30 Spreadsheet: MSC Cruises Cover Itinerary released on Thu, May 12, 2016, 12:53 (MSC0000049805 CONFIDENTIAL), # 31 December 18, 2014 Email re US seeks to normalize relations with Cuba (RCL-Havana0066678-0066690 CONFIDENTIAL), # 32 Transcript of and Exhibits to the Deposition of Rosa Maria Caballero Stafford taken in Havana Docks Corporation v Carnival Corporation, 19-cv-21724 (S.D. Fla.), dated March 3, 2021, # 33 Transcript of and Exhibits to the Deposition of Christopher Martin taken in Havana Docks Corporation v Carnival Corporation, 19-cv-21724 (S.D. Fla.), dated July 22, 2021, # 34 Carnival Itinerary information for the Veendam (Exhibit PS-123 to Expert Report of Pedro Spiller ATTORNEYS EYES ONLY), # 35 November 9, 2018 Email re Cuba: Trump administration tightens sanctions, may allow US lawsuits (RCL-Havana0153675-153677 CONFIDENTIAL), # 36 May 28, 2015 Email re letter from Mr. Pierfranceso Vago to Rodrigo (certified translation and original) MSCCUSA0000077429-77431, # 37 June 1, 2015 Email re letter from Mr. Pierfrancesco Vago to Senor Ministro del Transporte Cesar Arocha Macid (certified translation and original) MSCCUSA0000080695-80697), # 38 August 10, 2021 Declaration of Duncan Hall (Internet Archive re Wayback Machine) (HDC 022628-022647), # 39 Transcript of Deposition of Bradley Stein in his capacity as Defendants Rule 30(b)(6) designee, dated November 20, 2020, # 40 Transcript of Deposition of Bradley Stein in his capacity as Defendants Rule 30(b)(6) designee, dated November 20, 2020, # 41 Transcript of Deposition of Adam Goldstein, dated April 21, 2021, # 42 July 16, 2018 Article: Miami billboards accuse cruise ships that sail to Cuba of dealing in confiscated property (HDC 001416-1421), # 43 Photograph of Billboard (HDC 001481), # 44 June 24, 2018 Email re Cruise ship CEOs (HDC 016334-16336), # 45 Transcript of and Exhibits to the Deposition of Hugo Cancio in his capacity as Norwegian Cruise Line Holdings Rule 30(b)(6) designee, taken in Havana Docks Corporation v. Norwegian Cruise Line Holdings, dated November 12, 2020 CONFIDENTIAL) (Martinez, Roberto) Modified by unsealing specific documents pursuant to DE 344 Order on 4/8/2022 (kpe). (Entered: 09/20/2021)
09/20/2021 217
Statement of: DEFENDANTS' STATEMENT OF UNDISPUTED MATERIAL FACTS by MSC Cruises (USA) Inc., MSC Cruises SA, MSC Cruises SA CO re 216 Defendant's MOTION for Summary Judgment DEFENDANT'S OMNIBUS MOTION FOR SUMMARY JUDGMENT (Attachments: # 1 Appendix Consolidated Exhibit Slipsheet for Under Seal Exhibits, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 19, # 15 Exhibit 21, # 16 Exhibit 22, # 17 Exhibit 27, # 18 Exhibit 45, # 19 Exhibit 60, # 20 Exhibit 64, # 21 Exhibit 66, # 22 Exhibit 68, # 23 Exhibit 69, # 24 Exhibit 70, # 25 Exhibit 71, # 26 Exhibit 77, # 27 Exhibit 79, # 28 Exhibit 81, # 29 Exhibit 83, # 30 Exhibit 84, # 31 Exhibit 86, # 32 Exhibit 87, # 33 Exhibit 88, # 34 Exhibit 89, # 35 Exhibit 91, # 36 Exhibit 94, # 37 Exhibit 95, # 38 Exhibit 96, # 39 Exhibit 98, # 40 Exhibit 101, # 41 Exhibit 103, # 42 Exhibit 106, # 43 Exhibit 107, # 44 Exhibit 108, # 45 Exhibit 113, # 46 Exhibit 116, # 47 Exhibit 118, # 48 Exhibit 119, # 49 Exhibit 123, # 50 Exhibit 124)(Baldridge, James) (Entered: 09/20/2021)
09/20/2021 212
Notice of Filing EXHIBITS TO ECF 210 MSC CRUISES' STATEMENT OF UNDISPUTED FACTS by MSC Cruises (USA) Inc., MSC Cruises SA, MSC Cruises SA CO. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 8, # 8 Exhibit 9, # 9 Exhibit 11, # 10 Exhibit 21, # 11 Exhibit 26, # 12 Exhibit 27, # 13 Exhibit 28, # 14 Exhibit 30, # 15 Exhibit 37, # 16 Exhibit 39, # 17 Exhibit 40, # 18 Exhibit 45, # 19 Exhibit 52, # 20 Exhibit 53, # 21 Exhibit 54, # 22 Exhibit 55, # 23 Exhibit 56, # 24 Exhibit 57, # 25 Exhibit 60, # 26 Exhibit 61a, # 27 Exhibit 61b, # 28 Exhibit 61c, # 29 Exhibit 63, # 30 Exhibit 64, # 31 Exhibit 65, # 32 Exhibit 66) (Baldridge, James) Modified by unsealing specific documents pursuant to DE 344 Order on 4/8/2022 (kpe). (Entered: 09/20/2021)
09/20/2021 211
Notice of Filing Exhibits 60-61 Cited in Plaintiff's Statement of Material Facts in Support of Omnibus Motion for Summary Judgment Against Defendants by Havana Docks Corporation. (Attachments: # 1 January 23, 2019 Email re Update on Cuba Title III (NCL_23591-00110447-110448), # 2 January 24, 2019 Email re Confidential & Privileged Title III Suspension (NCLH_23591-0578134-578136 CONFIDENTIAL)) (Casey, Stephanie) Modified by unsealing specific documents pursuant to DE 344 Order on 4/8/2022 (kpe). (Entered: 09/20/2021)
09/20/2021 210
Statement of: 209 MSC CRUISES' STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF ITS INDIVIDUAL MOTION FOR SUMMARY JUDGMENT by MSC Cruises (USA) Inc., MSC Cruises SA, MSC Cruises SA CO (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52, # 53 Exhibit 53, # 54 Exhibit 54, # 55 Exhibit 55, # 56 Exhibit 56, # 57 Exhibit 57, # 58 Exhibit 58, # 59 Exhibit 59, # 60 Exhibit 60, # 61 Exhibit 61, # 62 Exhibit 62, # 63 Exhibit 63, # 64 Exhibit 64, # 65 Exhibit 65, # 66 Exhibit 66, # 67 Exhibit 67, # 68 Exhibit 68, # 69 Exhibit 69, # 70 Exhibit 70)(Baldridge, James) (Entered: 09/20/2021)
09/19/2021 205
Notice of Filing Exhibits Cited in Plaintiff's Statement of Material Facts in Support of Omnibus Motion for Summary Judgment Against Defendants by Havana Docks Corporation. (Attachments: # 1 Exhibit Transcript of and Exhibits to the Deposition of Jerry Johnson in his capacity as Plaintiffs Rule 30(b)(6) designee in Havana Docks Corporation v. Carnival Corporation, dated November 24, 2020, # 2 Exhibit Transcript of and Exhibits to the Deposition of Jerry Johnson in his capacity as Plaintiffs Rule 30(b)(6) designee in Havana Docks Corporation v. MSC, dated December 15, 2020, # 3 Exhibit January 15, 2021 Declaration of Jerry Johnson in Havana Docks Corporation v Norwegian Cruise Line Holdings, # 4 Exhibit Transcript of and Exhibits to the Deposition of Michael Micky Meir Arison in Havana Docks Corporation v Carnival Corporation, dated May 4, 2021, # 5 Exhibit July 9, 2018 Document titled Evaluation of the possibilities of Nipe Bay for developing a Cruise Port for Modern Cruise Ships (HavanaDocks 396222-227 CONFIDENTIAL), # 6 Exhibit April 17, 2019 Email re Cuba announcement with new restrictions and sanctions (HavanaDocks 475791 CONFIDENTIAL), # 7 Exhibit April 17, 2019 Email re Cuba (HavanaDocks 388212 CONFIDENTIAL), # 8 Exhibit February 22, 2019 Letter to the Honorable Michael R. Pompeo (NCLH_23591 00111666-667), # 9 Exhibit March 19, 1911 Decree No. 184 (certified translation and original), # 10 Exhibit Form 666 submitted to Foreign Claims Settlement Commission (FCSC 00272-275) (HDC 001861-1864), # 11 Exhibit November 1 to November 13, 1060 Havana Docks Corporation Summary of Operations (HDC 002455), # 12 Exhibit June 29, 1921 Lease between Port of Havana Docks Company and United Fruit Company (HDC 004343-4357 CONFIDENTIAL), # 13 Exhibit July 1, 1921 Four Party Agreement between Havana Docks Company, Porto f Havana Docks Company, United Fruit Company and Old Colony Trust Company (HDC 004358- 4361 CONFIDENTIAL), # 14 Exhibit July 1, 1921 Old Colony Trust Company Principal Indenture (HDC 004362-4377 CONFIDENTIAL, # 15 Exhibit February 16, 1922 Havana Docks Corporation Directors Meeting Minutes (HDC 004398-4402 CONFIDENTIAL), # 16 Exhibit November 22, 1960 Havana Docks Corporation Directors Meeting Minutes (HDC 005303-5306), # 17 Exhibit July 1, 1921 Old Colony Trust Indenture (HDC 008953-8981 CONFIDENTIAL), # 18 Exhibit June 1, 1946 The National City Bank of New York Indenture (HDC 008982-9050 CONFIDENTIAL), # 19 Exhibit February 20, 1922 Turner Construction Contract (HDC 009186-9208 CONFIDENTIAL), # 20 Exhibit 1960 Budget (HDC 009210-9211 CONFIDENTIAL), # 21 Exhibit May 14, 1918 The Port of Havana Docks Company Meeting Minutes (HDC 010032-10041 CONFIDENTIAL), # 22 Exhibit November 11, 1910 Decree No. 1022 (HDC 011123-11135), # 23 Exhibit August 14, 1925 Old Colony Supplement Indenture (HDC 012563-12570), # 24 Exhibit March 9, 1928 Port of Havana Docks Special Directors Meeting Minutes (HDC 012636 CONFIDENTIAL), # 25 Exhibit Terms of Farmers Loan & Trust Company Indenture (HDC 01266612667 CONFIDENTIAL), # 26 Exhibit 2010 Havana Docks Corporation Annual Report (HDC 013175-13177 CONFIDENTIAL), # 27 Exhibit August 14, 1917 Articles of Incorporation of Havana Docks Corporation with certificate from Delaware Secretary of State (HDC 018013-018026), # 28 Exhibit 2019 Corporate Income Tax Return of Havana Docks Corporation (HDC 018874-18893), # 29 Exhibit 2021 Certificate of Good Standing from Delaware Secretary of State (HDC 021747-21749), # 30 Exhibit September 13, 1918 Havana Docks Directors Meeting Minutes (HDC 022587-022596), # 31 Exhibit May 14, 1919 Havana Docks Directors Meeting Minutes (HDC 022597-022627 CONFIDENTIAL), # 32 Exhibit August 10, 2021 Declaration of Duncan Hall (Custodian of Records for the Internet Archives Wayback Machine) (HDC 022628-22647), # 33 Exhibit August 24, 2021 Havana Docks Directors Meeting Minutes (HDC 023107-23108), # 34 Exhibit August 24, 2021 Havana Docks Stockholder Meeting Minutes (HDC 023109-23110), # 35 Exhibit Composite Exhibit: Analyses of Pier Operations and Auxiliary Operations Revenue, # 36 Exhibit Composite Exhibit: Havana Docks Pre-Confiscation Financial Reports, # 37 Exhibit Composite Exhibit: Havana Docks Post-Certified Claim Financial Reports, # 38 Exhibit Composite Exhibit: Havana Docks Corporation Tax Returns, # 39 Exhibit Map of Proposed Piers (MSC0000000172), # 40 Exhibit August 4, 2021 Declaration of Bradley M. Rose, # 41 Exhibit August 30, 2021 Declaration of Bradley M. Rose in Response to Subpoena and Production of Documents, with exhibits, # 42 Exhibit July 16, 1996 William J. Clinton, Statement of Action on Title III of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1995, # 43 Exhibit June 20, 2018 Hearing of the Subcommittee of National Security of the House of Representatives Committee on Oversight and Government Reform, Holding Cuban Leaders Accountable, Report No. 115-87, # 44 Exhibit November 1, 2018 Miami Herald Article re National Security Advisor Ambassador John R. Bolton delivered Remarks on the Trump Administrations Policies in Latin America at Miami-Dade College, # 45 Exhibit January 16, 2019 State Department Announcement re: Suspension of Title III right-of-action for 45 days, # 46 Exhibit February 5, 2019 Email re Confidential and Legally Privileged Title III Suspension Language (NCLH_23591-00577934-577936 CONFIDENTIAL), # 47 Exhibit February 11, 2019 Letter to Carnival Corporation (Arison) from Rodney S. Margol, Esq. (HDC 018654-18655), # 48 Exhibit February 11, 2019 Letter to Carnival Corporation (Perez) from Rodney S. Margol, Esq. (HDC 018650-18651), # 49 Exhibit February 11, 2019 Letter to MSC from Rodney S. Margol, Esq. (HDC 018658-18659), # 50 Exhibit February 11, 2019 Letter to Frank Del Rio, Norwegian Cruise Lines Holdings, Ltd. from Rodney S. Margol, Esq. (HDC 01554-1555), # 51 Exhibit February 11, 2019 Letter to Royal Caribbean International from Rodney S. Margol, Esq. (HDC 01550-1551), # 52 Exhibit February 11, 2019 Letter to Royal Caribbean Cruise Lines from Rodney S. Margol, Esq., # 53 Exhibit March 4, 2019 State Department Announcement re: Suspension of Title III right-of-action for an additional 30 days, # 54 Exhibit April 3, 2019 State Department Announcement re: Secretary Pompeo extends the Title III right-of-action suspension until May 1, 2019, # 55 Exhibit Embassy of Switzerland Certification, dated June 12, 1968 (HDC 001718-1720), # 56 Exhibit April 1, 2015 Video of Frank Del Rio Wharton Business School Interview (HDC-NCL000945), # 57 Exhibit Transcript of April 1, 2015 Video of Frank Del Rio Wharton Business School Interview, # 58 Exhibit Havana Docks Corporations Second Amended and Supplemental Answers and Objections to Carnival Corporations Third Set of Interrogatories, dated August 20, 2021, # 59 Exhibit Update on Potential Cruise Opportunities with Cuba (RCL-Havana0066790-66792 CONFIDENTIAL)) (Casey, Stephanie) Modified by unsealing specific documents pursuant to DE 344 Order on 4/8/2022 (kpe). (Entered: 09/19/2021)
09/16/2021 202
Notice of Filing Exhibits 51-101 Cited in Plaintiff's Statement of Material Facts in Support of Individual Motion for Summary Judgment Against MSC Cruises S.A., MSC Cruises S.A., CO. and MSC Cruises (USA), Inc. by Havana Docks Corporation. (Attachments: # 1 Exhibit PLF Deposition Exhibit 42: May 31, 2015 Email re Cuba (MSCCUSA0000077393 CONFIDENTIAL), # 2 Exhibit PLF Deposition Exhibit 43: June 17, 2015 Email re Letter to the Honourable Seor Ministro del Transporte, Csar Arocha Macid, with attached letter (MSCCUSA0000077230-71 CONFIDENTIAL), # 3 Exhibit PLF Deposition Exhibit 44: June 27, 2015 Email re Cuba Sierra Maestra, with attachment (MSCCUSA0000080644-64 CONFIDENTIAL), # 4 Exhibit PLF Deposition Exhibit 45: July 3, 2015 Email re MSC Cruises to Inaugurate Cuba as a Destination in December 2015 (MSCCUSA0000079193-96 CONFIDENTIAL), # 5 Exhibit PLF Deposition Exhibit 46: September 29, 2015 Email re Terminal Havana - Onsite Inspection September 2015 (MSCCUSA0000076747-61 CONFIDENTIAL), # 6 Exhibit PLF Deposition Exhibit 47: December 3, 2015 Email re MSC Cruises to Double Presence in Cuba, Sending Second Ship to Meet Rising Demand for the Islands Uniquely Rich Culture (MSCCUSA0000080402-405 CONFIDENTIAL), # 7 Exhibit PLF Deposition Exhibit 48: December 27, 2015 Email re Terminal Havana - 1st call MSC Opera 22/12/15 (MSCCUSA0000079238-59 CONFIDENTIAL), # 8 Exhibit PLF Deposition Exhibit 49: January 2, 2016 Email re Punta Frances (Isla de la Juventud) (MSCCUSA0000076769-785 CONFIDENTIAL), # 9 Exhibit PLF Deposition Exhibit 50: January 16, 2016 Letter from Maltzman Partners re Request for formal opinion letter regarding Cuba People to People Program onboard MSC Opera (MSCCUSA0000066473-481 CONFIDENTIAL), # 10 Exhibit PLF Deposition Exhibit 51: March 25, 2016 Email re Updated media strategy (MSCCUSA0000063164-67 CONFIDENTIAL), # 11 Exhibit PLF Deposition Exhibit 52: November 13, 2016 Email re Isla de la Juventud (MSCCUSA0000079321-23 CONFIDENTIAL), # 12 Exhibit PLF Deposition Exhibit 53: July 18, 2017 Email re Port charges - Havana (Cuba) 2017 (Capt. Pastena) (MSCCUSA0000080535-36 CONFIDENTIAL), # 13 Exhibit PLF Deposition Exhibit 54: November 22, 2017 Email re CLIA Cruise Industry Symposium Bilateral Meetings (MSCCUSA0000076820-21 CONFIDENTIAL), # 14 Exhibit PLF Deposition Exhibit 55: April 17, 2019 Email re Helms Burton FYI Trump will allow Cuban-Americans to sue for confiscated property in Cuba (MSCCUSA0000080132-35 CONFIDENTIAL), # 15 Exhibit PLF Deposition Exhibit 56: April 21, 2019 Email from Frank Del Rio to Pierfrancesco Vago (NCLH_23591-00113713-14), # 16 Exhibit PLF Deposition Exhibit 57: Photograph of Havana Port Terminal (HDC 001967), # 17 Exhibit PLF Deposition Exhibit 58: Photograph of Havana Port Terminal (water view), # 18 Exhibit PLF Deposition Exhibit 59: Photograph of Havana Port Terminal (water view), # 19 Exhibit PLF Deposition Exhibit 60: Google Earth photograph of Havana Port Terminal, # 20 Exhibit PLF Deposition Exhibit 61: June 16, 2016 Email re: RFP Dynamic Mooring Analysis-Sierra Maestra (MSCUSA0000077280-93 CONFIDENTIAL), # 21 Exhibit PLF Deposition Exhibit 62: 12-27-15 December 27, 2015 Email re Terminal Havana 1st Call MSC Opera 12/22/2015 (MSCUSA0000079238-58 CONFIDENTIAL), # 22 Exhibit PLF Deposition Exhibit 63: November 13, 2016 Email re Isla de la Juventud (MSCUSA0000079308-20 CONFIDENTIAL), # 23 Exhibit PLF Deposition Exhibit 64: December 8, 2016 Email re MSC Armonia NCA 2nd Cruise (MSCUSA0000049743-46 CONFIDENTIAL), # 24 Exhibit PLF Deposition Exhibit 65: May 22, 2018 Email Re: GPH bags long-term deal to manage Havana cruise port, 6 berths planned (MSCUSA0000079306-07 CONFIDENTIAL), # 25 Exhibit PLF Deposition Exhibit 66: April 2, 2019 Email re: Havana (MSCUSA0000078424 CONFIDENTIAL), # 26 Exhibit PLF Deposition Exhibit 67: Re-Notice of Deposition of Rule 30(b)(6) Deposition of MSC Cruises SA, # 27 Exhibit PLF Deposition Exhibit 67A: Amended Supplemental Notice of Rule 30(b)(6) Deposition of MSC Cruises SA, # 28 Exhibit PLF Deposition Exhibit 68: Certified Claim CU-2492, # 29 Exhibit PLF Deposition Exhibit 69: Photograph of MSC Opera at Havana Port Terminal, # 30 Exhibit PLF Deposition Exhibit 70: Service Contract for the Operation of Cruise Vessel (Contract No. 15/2015) between Aries Transportes, S.A. and MSC Cruises S.A. (MSCSA0000000048-56 CONFIDENTIAL), # 31 Exhibit PLF Deposition Exhibit 71: Contract dated July 31, 2018 between Aries S.A. and MSC Cruises S.A. (in Spanish) (MSCCUSA0000079403-20 CONFIDENTIAL), # 32 Exhibit PLF Deposition Exhibit 72: Revenue Excel Spreadsheet (MSCSA0000000236 CONFIDENTIAL), # 33 Exhibit PLF Deposition Exhibit 72A: Revenue Excel Spreadsheet (MSCSA0000000044 CONFIDENTIAL), # 34 Exhibit PLF Deposition Exhibit 72B: Document titled HDC v MSC April 28, 2021 Supplemental 30(b)(6) Topic used to assist in testimony, # 35 Exhibit PLF Deposition Exhibit 72C: Document titled, MIA-HAV: 2018 & 2019) containing summary information re Deposition Exhibit 72 CONFIDENTIAL, # 36 Exhibit PLF Deposition Exhibit 73: MSC Cruises 2019 Annual Report, # 37 Exhibit PLF Deposition Exhibit 74: William J. Clinton Administration Statement on Action on Title III of the Cuban Liberties and Democratic Solidarity (LIBERTAD) Act of 1995, dated July 16, 1996 (MSCCUSA0000079643-44), # 38 Exhibit PLF Deposition Exhibit 75: April 21, 2019 Email re Contact in relation to HB Act Title III/IV (MSCCUSA0000079202-203 CONFIDENTIAL), # 39 Exhibit PLF Deposition Exhibit 76: Defendants Supplemental Initial Disclosures, dated January 13, 2021, # 40 Exhibit PLF Deposition Exhibit 77: March 8, 2018 Email re Cuba cruises from USA confidential (MSCCUSA0000080078-82 CONFIDENTIAL), # 41 Exhibit PLF Deposition Exhibit 78: July 18, 2018 Email re: USA Havana Excursions (MSCCUSA0000080324-327 CONFIDENTIAL), # 42 Exhibit PLF Deposition Exhibit 79: August 16, 2016 Email re MSC Armonia - US Guests v EU - Prepaid Sales (MSCCUSA0000079694-713 CONFIDENTIAL), # 43 Exhibit PLF Deposition Exhibit 80: November 20, 2018 Email re 2018 & 2019 Caribbean and Cuba Campaign - Shorex program and prices 20.11.2018 (MSCCUSA0000054019-283 CONFIDENTIAL) Volume 1, # 44 Exhibit PLF Deposition Exhibit 80: November 20, 2018 Email re 2018 & 2019 Caribbean and Cuba Campaign - Shorex program and prices 20.11.2018 (MSCCUSA0000054019-283 CONFIDENTIAL) Volume 2, # 45 Exhibit PLF Deposition Exhibit 81: MSC Cruises brochure (MSCCUSA0000047393-488), # 46 Exhibit PLF Deposition Exhibit 82: April 11, 2018 Email re Urgent: people to people excursions (MSCCUSA0000080203-210 CONFIDENTIAL), # 47 Exhibit PLF Deposition Exhibit 83 (Iaccarino): December 11, 2018 Email re part#2 MSC Armonia 2018-2019 CAR Season - Havana calls - Additional info people-to-people program (MSCCUSA0000064794-96 CONFIDENTIAL), # 48 Exhibit PLF Deposition Exhibit 83 (Pastena): MSC Cruises (USA) Inc.s and MSC Cruises SA Co.s Second Supplemental Responses to Plaintiffs First Set of Interrogatories, dated September 23, 2020 CONFIDENTIAL, # 49 Exhibit PLF Deposition Exhibit 84: November 21, 2016 Email re Havana Berth Request from now to April 2019 (MSCCUSA0000077066-77 CONFIDENTIAL), # 50 Exhibit PLF Deposition Exhibit 85: November 27, 2015 Email re: Havana Meeting, Nov. 24 and 25 2015 (certified translation and original) (MSCCUSA 0000080384-392 CONFIDENTIAL), # 51 Exhibit PLF Deposition Exhibit 86: May 13, 2015 Email re MSC Opera Report on the Havana Harbor (certified translation and original) (MSCCUSA77416-21 CONFIDENTIAL), # 52 Exhibit PLF Deposition Exhibit 87: June 15, 2015 Email re Sierra Maestra No 1 draft Final Findings Report (MSCCUSA77311-50 CONFIDENTIAL)) (Martinez, Roberto) Modified by unsealing specific documents pursuant to DE 344 Order on 4/8/2022 (kpe). (Entered: 09/16/2021)
09/16/2021 201
Notice of Filing Exhibits 1-50 Cited in Plaintiff's Statement of Material Facts in Support of Individual Motion for Summary Judgment Against MSC Cruises S.A., MSC Cruises S.A., CO. and MSC Cruises (USA), Inc. by Havana Docks Corporation. (Attachments: # 1 Deposition Richard Sasso, # 2 Deposition Robert Fusaro, # 3 Deposition Giovanni Onorato, # 4 Deposition Pierfrancesco Vago, # 5 Deposition Gianluca Suprani, # 6 Deposition Massimiliano Mio, # 7 Deposition Marialuisa Iaccarino, # 8 Deposition Capt. Luigi Pastena, # 9 Exhibit PLF Deposition Exhibit 1: Notice of Deposition of Defendants Rule 30(b)(6) Representative, # 10 Exhibit PLF Deposition Exhibit 1A: Supplemental Notice of Deposition of Defendants Rule 30(b)(6) Representative, # 11 Exhibit PLF Deposition Exhibit 2: February 11, 2019 Letter to MSC from Rodney S. Margol, Esq., # 12 Exhibit PLF Deposition Exhibit 3: Screenshot of MSC Cruises Web page, titled Cuba, Not Only Havana, # 13 Exhibit PLF Deposition Exhibit 4: MSC Cruises (USA) Inc.s and MSC Cruises SA Co.s Third Supplemental Answers to Plaintiffs First set of Interrogatories (unverified), # 14 Exhibit PLF Deposition Exhibit 5: MSC Cruises (USA) Inc.s and MSC Cruises SA Co.s Third Supplemental Answers to Plaintiffs First set of Interrogatories (verified), # 15 Exhibit PLF Deposition Exhibit 6: Contract between Aries S.A. and MSC Cruises S.A. dated July 31, 2018 (in Spanish) (MSCCUSA0000066297-66314 CONFIDENTIAL), # 16 Exhibit PLF Deposition Exhibit 7: General Sales & Marketing Agreement between MSC SA and MSC USA (MSCCUSA0000066389-97 CONFIDENTIAL), # 17 Exhibit PLF Deposition Exhibit 8: Article from Travel & Cruise Magazine, First Quarter, 2018, # 18 Exhibit PLF Deposition Exhibit 9: Article from Travel & Cruise Magazine, First Quarter, 2016, # 19 Exhibit PLF Deposition Exhibit 10: Article titled Foreign cruise lines offer Americans way into Cuba, dated July 11, 2011, # 20 Exhibit PLF Deposition Exhibit 11: December 24, 2015 Email re People to People CUBA MSC Opera 2016 and MSC Opera and Armonia 2016/17 (MSCCUSA0000048726-727 CONFIDENTIAL), # 21 Exhibit PLF Deposition Exhibit 12: 02-01-14 Email re Cuba/Rick Sasso (MSCCUSA0000048717-20 CONFIDENTIAL), # 22 Exhibit PLF Deposition Exhibit 13: February 23, 2016 Email re SUMMER 2017 WINTER 2017/18 PREVIEW (MSCCUSA0000066448-49 CONFIDENTIAL), # 23 Exhibit PLF Deposition Exhibit 14: March 30, 2016 Email re Follow up to our call/Cuba (MSCCUSA0000049508-10 CONFIDENTIAL), # 24 Exhibit PLF Deposition Exhibit 15: March 23, 2016 Memorandum to Gianni Onorato from MSC Cruises USA re MSC Cruises Cuba Announcement (MSCCUSA0000063165-67 CONFIDENTIAL), # 25 Exhibit PLF Deposition Exhibit 16: Draft Press Release titled MSC Cruises to offer people to people Cuba cruises to US Citizens onboard two newly renovated and modern cruise ships (MSCCUSA0000062979-80 CONFIDENTIAL), # 26 Exhibit PLF Deposition Exhibit 17: November 7, 2017 Appointment re Cuba Cruise Symposium - Nov 28 & 29 (MSCCUSA0000066426-29 CONFIDENTIAL), # 27 Exhibit PLF Deposition Exhibit 18: Proposed Agenda for CLIA Cruise Industry Symposium, Havana, Cuba, November 28 & 29, 2017 (MSCCUSA0000066430-35 CONFIDENTIAL), # 28 Exhibit PLF Deposition Exhibit 19: July 11, 2018 Email re MSC Cruises announces agreement for new PortMiami terminal (MSCCUSA0000050507-09 CONFIDENTIAL), # 29 Exhibit PLF Deposition Exhibit 20: 12-28-16 December 28, 2016 Email re Canada Cuba brochure (MSCCUSA0000048811-27 CONFIDENTIAL), # 30 Exhibit PLF Deposition Exhibit 21: Notice of Deposition of Roberto Fusaro, # 31 Exhibit PLF Deposition Exhibit 22: Defendants Initial Disclosures, dated October 23, 2019, # 32 Exhibit PLF Deposition Exhibit 23: July 28, 2016 Email re CUBA (MSCCUSA0000049391 CONFIDENTIAL), # 33 Exhibit PLF Deposition Exhibit 24: August 8, 2016 Email re Cuba North American Announcement Edited Version (MSCCUSA0000049392-94 CONFIDENTIAL), # 34 Exhibit PLF Deposition Exhibit 25: August 8, 2016 Email re Cuba (MSCCUSA0000049642-44 CONFIDENTIAL), # 35 Exhibit PLF Deposition Exhibit 26: September 8, 2016 Email re Cuba USA product launch (MSCCUSA0000066437 CONFIDENTIAL), # 36 Exhibit PLF Deposition Exhibit 27: September 9, 2016 Email re Air Package Program to Cuba (MSCCUSA0000049647-49 CONFIDENTIAL), # 37 Exhibit PLF Deposition Exhibit 28: September 26, 2016 Email re CROL OX AX 17-18 (MSCCUSA0000049597-99 CONFIDENTIAL), # 38 Exhibit PLF Deposition Exhibit 29: October 4, 2018 Email re MSC Armonia/Cuba 60 day countdown release (MSCCUSA0000055378-87 CONFIDENTIAL), # 39 Exhibit PLF Deposition Exhibit 30: December 12, 2018 Email re Armonia Cuba Sailings (MSCCUSA0000055710-13 CONFIDENTIAL), # 40 Exhibit PLF Deposition Exhibit 31: June 21, 2018 Email re Documents for Cuba (MSCCUSA0000050633-38 CONFIDENTIAL), # 41 Exhibit PLF Deposition Exhibit 32: December 24, 2016 Email re Cuba/Central Holidays and MSC (MSCCUSA0000048803-04 CONFIDENTIAL), # 42 Exhibit PLF Deposition Exhibit 33: December 20, 2018 Email re issue with Cuba on Martha Stewart excursions (MSCCUSA0000055700 CONFIDENTIAL), # 43 Exhibit PLF Deposition Exhibit 34: January 30, 2017 Email re Cuba Group conditions policy update (MSCCUSA0000048712-13 CONFIDENTIAL), # 44 Exhibit PLF Deposition Exhibit 35: March 21, 2019 Email re Port Miami Event March 22 (MSCCUSA0000066402-03 CONFIDENTIAL), # 45 Exhibit PLF Deposition Exhibit 36: MSC Cruises (USA) Inc. and MSC Cruises SA Co.s Answer to Second Amended Complaint, dated October 22, 2020, # 46 Exhibit PLF Deposition Exhibit 37: February 22, 2019 Letter to the Honorable Michael R. Pompeo (NCLH_23591-00111666-67), # 47 Exhibit PLF Deposition Exhibit 38: December 18, 2014 Email re Cuba (MSCCUSA0000066450-51 CONFIDENTIAL), # 48 Exhibit PLF Deposition Exhibit 39: April 27, 2015 Email re Lettera Cuba; (MSCCUSA0000077553-60 CONFIDENTIAL), # 49 Exhibit PLF Deposition Exhibit 40: May 13, 2015 Email re Letter to MSC USA Cruises re Cuba with attached letter (MSCCUSA0000077534-35 CONFIDENTIAL), # 50 Exhibit PLF Deposition Exhibit 41: May 30, 2015 Email re Cuba (MSCCUSA0000077396-400 CONFIDENTIAL)) (Martinez, Roberto) Modified by unsealing specific documents pursuant to DE 344 Order on 4/8/2022 (kpe). (Entered: 09/16/2021)
