Settlement Reached In Cuba Trademark Use Lawsuit Involving Heineken And Use Of 2024 Law

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION

CASE NO. 1:23-cv-24350-DPG-GAYLES/LOUIS

LAGUNITAS BREWING COMPANY d/b/a CERVECERIA LA TROPICAL, and LA TROPICAL HOLDINGS B.V., Plaintiffs, v. SOLTURA, LLC dba BUCANERO USA, et al/ Defendant.

SOLTURA, LLC dba BUCANERO USA, et al/ Counterclaimant, v. LAGUNITAS BREWING COMPANY d/b/a CERVECERIA LA TROPICAL, and LA TROPICAL HOLDINGS B.V., Counter-Defendants

05/19/2025- PAPERLESS ORDER administratively closing case in light of 73 Joint Notice of Settlement, which indicates that this matter has settled in principle. The parties are hereby notified that, within thirty (30) days of the date of this Order, they must file a Stipulation or Notice of Dismissal and/or Settlement Agreement along with any other pertinent document necessary to conclude this action. Any pending motions are denied as moot. Signed by Judge Darrin P. Gayles on 5/19/2025. (skz)

05/19/2025- NOTICE of Settlement (Joint) by Lagunitas Brewing Co., La Tropical Holdings B.V. (Salky, Mark)

JOINT NOTICE OF SETTLEMENT (5/`9/25)

Three Law Firms In Cuba Trademark Use Lawsuit Involving Heineken And Use Of 2024 Law March 13, 2025

Airbnb Requires Cuba-Based Hosts To Change Payment Methods Due To U.S. Department Of State Including Orbit S.A. On Cuba Restricted List

Airbnb

San Francisco, California

12 May 2025

“Airbnb continues operating for those hosts in Cuba who have added a payment method in another country or region. In accordance with recent US federal regulations, we have notified hosts in Cuba that they must add a new payout method to their account to continue hosting on Airbnb. We are working with hosts and providing instruction on how to update their account and regain hosting ability… Hosts or co-hosts in Cuba need to add an account in another country or region in order to receive future payouts.”

Airbnb Pauses Services in Cuba, Impacting Hosts and Tourism

30 April 2025

By Glenda Boza Ibarra (El Toque)

HAVANA TIMES – More than a thousand Cuban accommodations and experience hosts are listed on Airbnb, but this vital segment of the country’s private tourism sector now faces a serious crisis: they can no longer receive payments within Cuba. In the case of experiences, Airbnb has indefinitely suspended both payments and services on the island, offering no clear explanation or transparent communication to those affected.

In early 2025, several Cuban hosts received a message stating that all pending reservations—including those not yet fulfilled—would be paid immediately. Soon after, calendars disappeared from the platform, and all experiences were labeled as “paused.” While there’s been no official response, some speculate the move is tied to Trump-era U.S. policies. “I’ve pretty much accepted that nothing will change for the next four years,” said a Havana-based host who has run an Airbnb experience for five years and holds an average rating of 4.92. “They shut us down for over a month during peak season. The least they could do now is turn the service back on.”

El Toque confirmed that the suspension applies to all hosts receiving payments within Cuba, whether for lodging or experiences. “Anyone getting paid here [in Cuba] received their pending payouts, but they’re no longer allowed to take new bookings,” explained a host in Havana. “Now, it’s mandatory to receive payments through an overseas account.” Previously, payments were often processed to bank cards in Cuba’s MLC magnetic currency.

Experiences in Limbo

Panic spread in WhatsApp groups on February 25 when hosts began noticing their calendars vanish and their listings go dark without warning. Some received vague messages from Airbnb’s support team citing an “internal review” due to a high volume of new proposals. Yet many of the affected experiences had been active for years. After the suspension, VaCuba—a Miami-based company handling Airbnb’s financial transactions in Cuba—reportedly submitted documents to the platform’s legal team showing that payments were going directly to hosts, not the Cuban government. There was no response. El Toque reached out to VaCuba via email for confirmation but received no reply.

Airbnb has vaguely attributed its decision to “new US government regulations,” but has not issued an official statement or timeline for resolution, but it has not published an official statement nor offered a calendar for solution.

Airbnb responded to El Toque: “In accordance with recent US federal regulations, we have notified hosts in Cuba that they must add a new payment method to their account in order to continue hosting on Airbnb. We are working with hosts and providing clear instructions on how to update their accounts and regain access. Additionally, we want to emphasize that we have already processed payments for future reservations confirmed using the current payment method.”

The lack of transparency has left many unsure whether they will regain access to what was once a primary source of income. In the meantime, hosts are scrambling to find alternatives: opening bank accounts abroad, relying on relatives or friends as intermediaries, or using virtual cards. Each option comes with added costs, higher fees, and increased dependence on third parties. “We’re already losing more than 20% in commissions, and now we have even more expenses if we have to get paid from abroad,” said another affected host. While third-party payments may seem like a workaround, not all hosts have someone abroad willing or able to help. Moreover, any earnings must be declared for tax purposes, creating additional legal and logistical headaches.

Even hosts with foreign bank accounts are facing issues. One Havana-based experience host, who gets paid through a foreign bank, received a notice to update her information. “But when I set my location to Cuba, it says that area is not supported,” she said. “I haven’t been able to update my info, and now I risk having the service permanently shut down.” Her experience—among the first launched in Cuba back in 2016—had already been suspended once before, despite having confirmed bookings. Now it appears Airbnb is once again enforcing broad restrictions on all services tied to Cuban locations, regardless of where the money goes.

Sanctions, Legal Risks, and Corporate Caution

Airbnb’s decision may be linked to past legal troubles. In 2022, the company was fined over $91,000 for “apparent violations of sanctions against Cuba” by the US Treasury’s Office of Foreign Assets Control (OFAC). According to the Treasury report, the violations stemmed from Airbnb’s launch in Cuba in April 2015 without fully addressing the complexities of maintaining a sanctions-compliant program. The expansion of its operations in Cuba had outpaced the platform’s ability to manage associated risks through its technology systems. That fine may have prompted a more stringent review of Airbnb’s operations on the island.

In February 2025, Airbnb updated several terms and conditions, including its arbitration agreement for US users, effective April 17. While the updated policy primarily applies to United States residents, it may signal a broader shift in how the company handles sanctioned markets like Cuba.

Politics is also playing a role. The Trump administration, which began its second term in January 2025, has further tightened sanctions against Cuba. The country’s private sector, once seen as a path to citizen empowerment, is now caught in the crosshairs of foreign financial restrictions.

A Glimpse Into Cuba Beyond State-Run Tourism

Launched in 2016, Airbnb Experiences allow hosts to offer unique activities to travelers, either in person or online, across areas such as art, music, sports, nature, and cuisine. In Cuba, these range from creating personalized perfumes, playing basketball in Havana’s Alamar neighborhood, to touring the capital with a local sociologist. They also include more traditional excursions to beaches and historic city centers. “The problem is that once experiences are suspended, they have to go through the entire review and approval process again,” explained one affected host. “And since they only recently reopened new experience submissions, there’s a backlog. I don’t think they’ll be back up for several months.” These experiences offered visitors a direct window into everyday Cuban life and had become a reliable source of income for many. Now, Airbnb’s suspension doesn’t just represent a financial blow to Cuban hosts—it also erases an avenue for travelers to engage with a side of Cuba that exists beyond the reach of state-run tourism.

U.S. Department Of State Certifies Cuba As "A Not Fully Cooperating Country"

United States Department of State
Washington DC
13 May 2025

Certification of Cuba as a Not Fully Cooperating Country 

Tammy Bruce, Department Spokesperson

The Secretary of State has determined and certified that Cuba did not fully cooperate with U.S. counterterrorism efforts in 2024 and should therefore be certified as a “not fully cooperating country” (NFCC) under section 40A of the Arms Export Control Act.  This certification results in a prohibition on the sale or license for export of defense articles and services to Cuba.

In 2024, the Cuban regime did not fully cooperate with the United States on counterterrorism.  There were at least 11 U.S. fugitives from justice in Cuba, including several facing terrorism-related charges, and the Cuban regime made clear it was not willing to discuss their return to face justice in our nation.  The Cuban regime’s refusal to engage on this important issue, as well as other recent circumstances of non-cooperation on terrorism-related law enforcement matters, made efforts to cooperate on counterterrorism issues futile in 2024.

In addition to Cuba, Secretary Rubio has also re-certified the DPRK, Iran, Syria, and Venezuela as NFCCs.

The United States will continue to promote international cooperation on counterterrorism issues.  We also continue to promote accountability for countries that do not stand against terrorism.

Spain's Melia Reports "positive performance in all regions except Cuba" With 20.8% Decline.

Melia First Quarter Results- 2025
excerpts

• Positive performance in all regions except Cuba.

• Consolidated revenues excluding capital gains increased by 0.8% compared to the first quarter of 2024, even if it’s been affected in part by the decrease in the generation of third party fees from our management model, mainly due to the unfavorable situation in Cuba.

• In Cuba, the situation remains challenging, with no clear sign of improvement in supply problems and energy shortages. The coverage and echo of the news have negatively affected the tourism sector, reducing demand for the destination in important markets during the high season. In general, air operations have been reduced by approximately 12%, and some connections have been cancelled. In this environment, both rates and occupancy have decreased once again this quarter.

• In Cuba, the situation remains challenging, with fewer stays and lower rates compared to the previous year. The commercial situation remains challenging, with a lower On the Books position for the region compared to the same date last year. To reverse this trend, it is crucial to find a solution to the air problem, which is estimated to be approximately 20% compared to the same period last year. Some countries such as the United Kingdom, Belgium, or Argentina have completely canceled their connections with the destination, while other regions have significantly reduced their capacity.

• Consolidated Revenues in the first quarter increased by 1.0% compared to the first quarter of 2024. Excluding capital gains, the increase is 0.8%. On a comparative basis, 2024 had one more day of operation due to the leap year, affecting the number of available rooms in the period. From an operational standpoint, performance remains solid, showing a 6.5% increase in RevPar for our owned and leased hotels.  However, the unfavorable evolution in the Cuba region has affected third parties fees revenues in our Management model, which have been reduced by approximately €5M.”

• LINK TO COMPLETE RELEASE IN PDF FORMAT

U.S. Ag/Food Exports To Cuba Decrease 9.7% In March 2025; Remain Up 14.8% Year-To-Year. Items Includes Outboard Engines, Lithium Batteries, Chewing Gum

ECONOMIC EYE ON CUBA©
May 2025

March 2025 Ag/Food Exports To Cuba Decrease 9.7% - 1
50th Of 215 March 2025 U.S. Food/Ag Export Markets- 2
Cuba Ranked 45th Of 215 U.S. Ag/Food Export Markets - 2
March 2025 Healthcare Product Exports US$0.00 - 2
March 2025 Humanitarian Donations US$7,091,554.00 - 3
Obama Administration Initiatives Exports Continue To Increase - 3
U.S. Port Export Data- 19

MARCH 2025 FOOD/AG EXPORTS TO CUBA DECREASE 9.7%- Exports of food products and agricultural commodities from the United States to the Republic of Cuba in March 2025 were US$36,655,397.00 compared to US$40,624,058.00 in March 2024 and US$20,475,934.00 in March 2023.

Exports increased 14.8% for the period January 2025 through March 2025: US$129,824,213.00 compared to US$112,997,719.00 for the period January 2024 through March 2024.

Highlights: Rice (US$2,178,571.00), Lithium Ion Batteries (US$357,750.00), Chewing Gum (US$9,780.00), Outboard Engines (US$23,300.00), Smartphones (US$4,815.00).

From January 2023 through March 2025, US$78,277,159.00 in vehicles (new and used, gas and electric), trucks, motorcycles, and scooters exported from the United States to the Republic of Cuba.

The data contains information on exports from the United States to the Republic of Cuba- products within the Trade Sanctions Reform and Export Enhancement Act (TSREEA) of 2000, Cuban Democracy Act (CDA) of 1992, and regulations implemented (1992 to present) for other products by the Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury and Bureau of Industry and Security (BIS) of the United States Department of Commerce.

The TSREEA re-authorized the direct commercial (on a cash basis) export of food products (including branded food products) and agricultural commodities from the United States to the Republic of Cuba, irrespective of purpose. The TSREEA does not include healthcare products, which remain authorized and regulated by the CDA.

The data represents the U.S. Dollar value of product exported from the United States to the Republic of Cuba under the TSREEA, CDA, and other regulations, specifically including products exported from the United States to the re-emerging private sector in the Republic of Cuba.

The data does not include transportation charges, bank charges, or other costs associated with exports; the government of the Republic of Cuba reports unverifiable data that includes transportation charges, bank charges, and other costs.

LINK TO COMPLETE REPORT IN PDF FORMAT

LINK TO COMPLETE LIST OF PRODUCTS IN 2024 EXPORTED FROM THE UNITED STATES TO CUBA

LINK TO COMPLETE LIST OF PRODUCTS IN 2023 EXPORTED FROM THE UNITED STATES TO CUBA

Cubano Del Tabaco Prevails Against General Cigar Company In Cohiba Trademark Registration Dispute

Excerpt: "Before the Court for disposition on the written record is an action under 15 U.S.C. § 1071 brought by General Cigar Company (“plaintiff’ or “General Cigar”) seeking to reverse the decision of the Trademark Trial and Appeal Board (“TTAB”) and vacate the TTAB’s cancellation order of General Cigar’s typeset and stylized Cohiba marks that had been registered with the U.S. Patent and Trademark Office (“USPTO”).  Defendant Empresa Cubano del Tabaco d/b/a Cubatabaco (“defendant” or “Cubatabaco”) seeks a dismissal of this civil action and an entry ofjudgment in its favor.^ Because the Court finds that Cubatabaco has established that the TTAB’s cancellation of General Cigar’s registrations was proper under Article 8 of the Inter American Convention (“lAC”) and that the Cuban Assets Control Regulations do not prohibit such cancellation.  General Cigar’s requested relief will be denied and its Amended Complaint will be dismissed with prejudice." 

LINK TO COMPLETE OPINION IN PDF FORMAT

05/07/2025-Corrected MEMORANDUM OPINION in re Dismissal of Amended Complaint. Signed by District Judge Leonie M. Brinkema on 5/7/2025. (dvanm)

05/07/2025- CLERK'S JUDGMENT is hereby entered in accordance with Rule 58 of the Federal Rules of Civil Procedure in favor of the Defendant, Empresa Cubana del Tabaco, d/b/a Cubatabaco and against the Plaintiff, General Cigar Company. Signed by Clerk on 5/7/2025. (dvanm)

05/07/2025-ORDERED that General Cigar Company's Amended Complaint [Dkt. No. 27] be and is DISMISSED WITH PREJUDICE; and it is further ORDERED that the December 20,2022 final decision of the Trademark Trial and Appeal Board be and is AFFIRMED. The Clerk is directed to forward copies of this Order and the accompanying Memorandum Opinion to counsel of record, enter judgment in defendant's favor pursuant to Fed. R. Civ. P. 58, and close this civil action. Signed by District Judge Leonie M. Brinkema on 5/7/2025. (dvanm)

05/07/2025-MEMORANDUM OPINION in re Dismissal of Amended Complaint. Signed by District Judge Leonie M. Brinkema on 5/7/2025. (dvanm)

02/20/2023- Complaint ( Filing fee $ 402, receipt number AVAEDC-8810416.), filed by General Cigar Company, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet)(Fee, James)

General Cigar Company, Inc. v. Empresa Cubana del Tabaco

Assigned to: District Judge Leonie M. Brinkema
Referred to: Magistrate Judge William E. Fitzpatrick
Cause: 15:1071 Appeal of Decision of U.S. Patent & Trademark Office    
Date Filed: 02/20/2023
Date Terminated: 05/07/2025
Jury Demand: Plaintiff
Nature of Suit: 840 Trademark
Jurisdiction: Federal Question

Plaintiff: General Cigar Company, Inc.
Represented by Andrew L. Deutsch
Law Offices of Andrew L. Deutsch
540 Olympic Place
Los Angeles, CA 90035
917-861-3315
Email: [email protected]
PRO HAC VICE
ATTORNEY TO BE NOTICED

Benjamin Sorrells Boyd
DLA Piper US LLP (DC)
500 Eighth Street, NW
Washington, DC 20004
202-799-4000
Fax: 202-799-5000
Email: [email protected]
ATTORNEY TO BE NOTICED

Jane Washington Wise
DLA Piper (US) (DC/NA)
500 8th St. NW
Washington, DC 20004
**NA**
202-799-4000
Fax: 202-863-7849
Email: [email protected]
PRO HAC VICE
ATTORNEY TO BE NOTICED

Joshua Schwartzman
DLA Piper US LLP (NY-NA)
1251 Avenue of the Americas
New York, NY 10020-1104
**NA**
212-335-4500
Email: [email protected]
PRO HAC VICE
ATTORNEY TO BE NOTICED

Oscar M. Orozco-Botello
DLA Piper (US) (Los Angeles)
2000 Avenue of the Stars
Suite 400 North Tower
Los Angeles, CA 90067-4735
**NA**
310-595-3000
Fax: 310-595-3377
Email: [email protected]
PRO HAC VICE
ATTORNEY TO BE NOTICED

Stanley J. Panikowski , III
DLA Piper LLP (US) (San Diego-NA)
4365 Executive Drive
Suite 1100
San Diego, CA 92121-2133
**NA**
858-677-1400
Fax: 619-764-6643
Email: [email protected]
PRO HAC VICE
ATTORNEY TO BE NOTICED

James Kevin Fee
DLA Piper LLP (US)
500 Eighth Street, NW
Washington, DC 20004
202-799-4441
Fax: 202-799-5441
Email: [email protected]
ATTORNEY TO BE NOTICED
        
Defendant: Empresa Cubana del Tabaco doing business as Cubatabaco
Represented by Benjamin Lucas Hatch
McGuireWoods LLP (Norfolk)
101 W Main St
Suite 9000
Norfolk, VA 23510-1655
757-640-3947
Email: [email protected]
ATTORNEY TO BE NOTICED

John Peter Marston
Sheppard Mullin
2099 Pennsylvania Ave., NW
Washington, DC 20006
202-747-3317
Email: [email protected]
ATTORNEY TO BE NOTICED

Lindsey Frank
Rabinowitz, Boudin, Standard, Krinsky & Liberman, P.C.
320 West 85th St
New York, NY 10024
**NA**
212-254-1111
Fax: 212-674-4614
Email: [email protected]
PRO HAC VICE
ATTORNEY TO BE NOTICED

Lucy Jewett Wheatley
McGuireWoods LLP
Gateway Plaza
800 East Canal St
Richmond, VA 23219
804-775-4320
Email: [email protected]
ATTORNEY TO BE NOTICED

Michael Krinsky
Rabinowitz, Boudin, Standard, Krinsky & Liberman, P.C.
320 West 85th St
New York, NY 10024
**NA**
212-254-1111
Fax: 212-674-4614
Email: [email protected]
PRO HAC VICE
ATTORNEY TO BE NOTICED

Natasha N. Reed
Foley Hoag LLP (NY-NA)
1301 Avenue of the Americas
25th Floor
New York, NY 10019
**NA**
212-812-0400
Fax: 212-812-0399
Email: [email protected]
PRO HAC VICE
ATTORNEY TO BE NOTICED

Nicole Kinsley
Foley Hoag LLP (MA-NA)
155 Seaport Blvd
Boston, MA 02210
**NA**
617-832-1000
Fax: 617-832-7000
Email: [email protected]
PRO HAC VICE
ATTORNEY TO BE NOTICED

U.S. Secretary Of State Rubio Focuses On Cuba During Meeting With Caribbean Heads Of Government

Secretary Rubio’s Meeting with Eastern Caribbean and Bahamas Heads of Government
May 6, 2025

The below is attributable to Spokesperson Tammy Bruce: 

Today, Secretary of State Marco Rubio met with the heads of government from the Eastern Caribbean and the Bahamas to underscore the urgent need for enhanced regional cooperation to combat drug and firearms trafficking and illegal migration – key drivers of violence and instability.  He encouraged Caribbean partners to strengthen intelligence-sharing, security cooperation, and border security through initiatives like the Caribbean Basin Security Initiative.

Secretary Rubio urged our partners to make responsible, transparent decisions when selecting vendors and contractors for critical infrastructure projects, ensuring they are not vulnerable to privacy and security risks and exploitation by malign actors like the Chinese Communist Party.  He also reaffirmed our commitment to holding accountable Cuban regime officials, foreign government officials, and those involved in facilitating the regime’s forced labor scheme, including Cuba’s medical missions.

With hurricane season less than one month away, Secretary Rubio announced the reactivation of two U.S.-administered programs to strengthen early warning systems and provide rapid, life-saving assistance across the Caribbean.

Participants in the meeting included Prime Minister Ralph Gonsalves of Saint Vincent and the Grenadines, Prime Minister Roosevelt Skerrit of Dominica, Prime Minister Gaston Browne of Antigua and Barbuda, Prime Minister Philip Davis of The Bahamas, Prime Minister Philip J. Pierre of Saint Lucia, Prime Minister Dickon Mitchell of Grenada, and Prime Minister Terrance Drew of Saint Kitts and Nevis.

U.S. Department Of State Requiring Cuba Diplomats To "submit prior notification" For Certain Travel In The United States

Department of State
[Public Notice: 12706; No. 2025-02]

Pursuant to the authority vested in the Secretary of State under the Foreign Missions Act, 22 U.S.C. 4301 et seq (“the Act”), and delegated pursuant to Department of State Delegation of Authority No. 214 of September 20, 1994, I hereby designate all engagements with representatives of and visits to state, local, and municipal governments, educational institutions, and research facilities, including national laboratories and agricultural facilities, in the United States and its territories involving members of the Cuban bilateral mission to the United States as a benefit as defined in 22 U.S.C. 4302(a)(1).

Section 204(b) of the Act (22 U.S.C. 4304(b)) provides that the Secretary of State may require a foreign mission to obtain benefits from or through the Secretary on such terms and conditions as the Secretary may approve. Pursuant to the authority vested in the Secretary of State under Section 204(b) of the Act and delegated pursuant to Department of State Delegation of Authority No. 214 of September 20, 1994, I hereby determine it is reasonably necessary to achieve one or more of the purposes set forth in section 204(b) of the Act to require all Cuban bilateral mission members in the United States, including its representatives temporarily working in the United States, to submit prior notification to the Office of Foreign Missions of all engagements with representatives of or visits to:

1. State, local, and municipal governments in the United States and its territories;

2. Educational institutions in the United States and its territories; and,

3. Research facilities, including national laboratories and agricultural facilities, in the United States and its territories.

This benefit is subject to any modified or additional terms and conditions as may be approved by the Director or Deputy Director of the Office of Foreign Missions.

Dated: April 18, 2025.

Clifton C. Seagroves,
Acting Director, Office of Foreign Missions, Department of State.

[FR Doc. 2025-07965 Filed 5-6-25; 8:45 am]
BILLING CODE 4711-11-P

LINK TO FEDERAL REGISTER DOCUMENT IN PDF FORMAT

U.S. Supreme Court Requests Trump-Vance Administration Opinion On Libertad Act Title III Exxon Mobil Corporation Lawsuit Against Cuba Companies

May 05 2025    
"The Solicitor General is invited to file a brief in this case expressing the views of the United States."

Attorneys for Petitioner
Jeffrey B. Wall
Counsel of Record
Sullivan & Cromwell LLP
1700 New York Ave NW
Suite 700
Washington, DC 20006
[email protected]    (202) 956-7660
Party name: Exxon Mobil Corporation

Attorneys for Respondents
Michael Robert Krinsky
Counsel of Record    
Rabinowitz Boudin Standard Krinsky Lieberman, P.C.
320 West 85th Street
New York, NY 10024
[email protected]    2122541111
Party name: Corporación CIMEX, S.A. (Cuba), Corporación CIMEX, S.A (Panama), Unión Cuba-Petróleo

Jared Robert Butcher
Counsel of Record    
Berliner Corcoran & Rowe LLP
1101 17th St Nw
Suite 1100
Washington, DC 20036
[email protected]    2022931074
Party name: King Ranch Inc., Vertientes-Camaguey Sugar Company, and Grant Manheim

Ilana Hope Eisenstein
Counsel of Record    
DLA Piper LLP (US)
1650 Market Street
Suite 5000
Philadelphia, PA 19103
[email protected]    215-656-3300
Party name: The Chamber of Commerce of the United States of America

LINK TO RELATED ANALYSIS

Exxon Mobil Asks U.S. Supreme Court To Resolve Libertad Act Lawsuit Issue Against Cuba's Coroporacion Cimex Apr 17, 2025

Two Days Before Cuba Libertad Act Jury Verdict, Expedia Filed Motion About Confidential Settlement.

04/18/2025- PAPERLESS Minute Entry for proceedings held before Judge Federico A. Moreno: Jury Trial held on 4/17/2025. Day 9. Attorney Appearance(s): Santosh Aravind, Stephen Burbank, Rebecca Jahnke, Cheryl J. LaFond, Ana C Malave, Genesis Martinez, Lorayne Perez, Andres Rivero, David D. Shank, Sylmarie Trujillo, Manuel Vazquez, Jane Webre, Jorge Alejandro Mestre. Court Reporters: Ilona Lupowitz, 305-523-5737 / [email protected] ; Gilda Pastor-Hernandez, 305-523-5118 / [email protected]. (ms04)

04/18/2025- PAPERLESS Minute Entry for proceedings held before Judge Federico A. Moreno: Jury Trial held on 4/16/2025. Day 8. Witnesses Francis Nardozza, John Lancet testified. Attorney Appearance(s): Santosh Aravind, Stephen Burbank, Rebecca Jahnke, Cheryl J. LaFond, Ana C Malave, Genesis Martinez, Lorayne Perez, Andres Rivero, David D. Shank, Sylmarie Trujillo, Manuel Vazquez, Jane Webre, Jorge Alejandro Mestre. Court Reporter: Ilona Lupowitz, 305-523-5737 / [email protected]. (ms04)

04/17/2025- Notice of Filing Denial of Defendants' Proposed Jury Instructions on Affirmative Defenses. Signed by Judge Federico A. Moreno on 

4/17/2025- See attached document for full details. (ms04)

04/17/2025- PAPERLESS ORDER denying 472 Defendants' Unopposed Motion for Leave to File Confidential Settlement Agreement Under Seal. For the reasons stated in open court, this motion is denied. Signed by Judge Federico A. Moreno on 4/17/2025. (ms04)

04/17/2025- PAPERLESS ORDER denying 380 Defendants' Motion for Reconsideration. Signed by Judge Federico A. Moreno on 4/17/2025. (ms04)

04/16/2025- Defendant's MOTION for Judgment as a Matter of Law (Reurged) by Expedia Group, Inc., Hotels.com L.P., Hotels.com GP, Orbitz, LLC. (Perez, Lorayne)

04/16/2025- NOTICE OF FILING DEPOSITION TESTIMONY USED BY PLAINTIFF AT TRIAL by Mario Echevarria (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Rivero, Andres)

04/16/2025- NOTICE of Filing Deposition Testimony Used by Defendants at Trial by Expedia Group, Inc., Hotels.com L.P., Hotels.com GP, Orbitz, LLC (Attachments: # 1 Exhibit A-1 CM1 - Christine McDonald Trial DX, # 2 Exhibit A-2 Christine McDonald Transcript Excerpts, # 3 Exhibit B-1 RT1-RaviTummala - Ravi Tummala Trial DX, # 4 Exhibit B-2 Ravi Tummala Transcript Excerpts, # 5 Exhibit C-1 MAB1 - MAB-Marc-Antonine-Blain-Trial DX, # 6 Exhibit C-2 Marc-Antoine Blain Transcript Excerpts, # 7 Exhibit D-1 PP5 - Paula Payne Trial DX, # 8 Exhibit D-2 Paula Payne Transcript Excerpts, # 9 Exhibit E-1 AH1 - Amanda Hulbert DX Trial, # 10 Exhibit E-2 Amanda Hulbert Transcript Excerpts) (Perez, Lorayne) 

04/16/2025- Unopposed MOTION for Leave to File Confidential Settlement Agreement and Stipulated Disclosure of Settlement Agreement Terms Under Seal for Purposes of Making an Offer of Proof by Expedia Group, Inc., Hotels.com L.P., Hotels.com GP, Orbitz, LLC. (Perez, Lorayne)

4931-6641-0281
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
Case No. 1:19-cv-22620-FAM

Mario Echevarria, Esther Sanchez,Consuelo Cuevas, and Carmen Florido,Plaintiffs, v. Expedia Group, Inc., Hotels.com L.P.,Hotels.com GP, LLC, Orbitz, LLC,Defendants.

Consolidated withCase No. 1:19-cv-22621-FAM

Mario Echevarria,Plaintiff,v.Expedia Group, Inc., Hotels.com L.P.,Hotels.com GP, LLC, Orbitz, LLC,Defendants.

DEFENDANTS’ UNOPPOSED MOTION FOR LEAVE TO FILE CONFIDENTIAL SETTLEMENT AGREEMENT AND STIPULATED

DISCLOSURE OF SETTLEMENT AGREEMENT TERMS UNDER SEAL FOR PURPOSES OF MAKING AN OFFER OF PROOF

Defendants Expedia Group, Inc., Hotels.com L.P., Hotels.com GP, LLC, and Orbitz, LLC(collectively, the “Defendants”), pursuant to S.D. Fla. L.R. 5.4, respectfully request that the Court permit Defendants to file a Confidential Settlement Agreement and a Stipulated Disclosure of Settlement Agreement Terms under seal, and in support state as follows:The proposed sealed documents consist of (1) a Confidential Settlement Agreement that Plaintiff and certain of his family entered into with former defendants Booking Holdings, Inc., and Booking.com B.V. (collectively, “Booking Entities”), and (2) a Stipulated Disclosure of Settlement Agreement Terms related to that same settlement (collectively, the “Settlement Documents”). Defendants believe that the settlement between the Booking Entities and Plaintiff in this case is relevant to certain of its affirmative defenses. But the Court granted Plaintiff ’s motion in limine to preclude argument or evidence related to the settlement. Defendants are therefore precluded from offering the Settlement Documents unless and until they obtain the Court’s permission to do so outside the presence of the jury.

In order to preserve their request to offer the Settlement Documents, Defendants seek to make an offer of proof under Federal Rule of Evidence 103 by submitting the Settlement Documents to the Court. However, Plaintiff has designated the Settlement Documents as “Highly Confidential—Attorneys’ Eyes Only.” And Defendants agree that, under the Stipulated Confidentiality and Protective Orders entered in this case, the Settlement Documents meet the criteria for designation as “Confidential” because they are subject to a confidentiality obligation to a third party. (See ECF Nos. 22620-82 & 22621-49.) Therefore, Defendants respectfully request that the Court permit Defendants to file the Settlement Documents under seal for the purposes of making an offer of proof. 

I hereby certify that counsel for the movants have conferred with counsel for Plaintiff and that counsel for Plaintiff has stated that Plaintiff is unopposed to the Settlement Documents being filed under seal.

By: _/s/ David Shank_________

David Shank
Dated: April 15, 2025
1 In accordance with Local Rule 5.4(b)(1), Defendants propose that the Settlement Documents re-
main sealed until further order from the Court.

Respectfully submitted,
SCOTT DOUGLASS & MCCONNICO LLP
303 Colorado Street, Suite 2400
Austin, Texas 78701
(512) 495-6300 Telephone
(512) 495-6399 Facsimile
By:
David D. Shank (pro hac vice)
Texas Bar No. 24075056
[email protected]
Cheryl Joseph LaFond (pro hac vice)
Texas Bar No. 24104015
[email protected]
Rebecca Jahnke (pro hac vice)
Texas Bar No. 24129982
[email protected]
Santosh Aravind (pro hac vice)
Texas Bar No. 24095052
[email protected]
Stephen Burbank (pro hac vice)
Texas Bar No. 24109672
[email protected]
AKERMAN LLP
Three Brickell City Centre
98 Southeast Seventh Street, Suite 1100
Miami, FL 33131
(305) 374-5600 Telephone
(305) 349-4656 Facsimile
By:
Lorayne Perez
Florida Bar No. 085265
[email protected]
Attorneys for Defendants Expedia Group, Inc.,
Hotels.com, L.P., Hotels.com GP, LLC, and Orbitz, LLC

LINK TO COMPLETE DOCUMENT IN PDF FORMAT

Links To Related Analyses 

Expedia Owes US$29.85 Million From First Jury Decision In Libertad Act Lawsuit For "Trafficking" In Expropriated Cuba Asset. Apr 19, 2025

Expedia And Orbitz Libertad Act Title III Lawsuit Moving Towards Trial Mar 13, 2025  

Libertad Act Lawsuit Against Expedia: "The Court rejects Defendants' argument that the Amended Complaint should be dismissed because Plaintiff failed to plead around the Lawful Travel Exception." September 21, 2023 

Plaintiff, And Defendants Booking, Expedia, Hotels, Orbitz, Respond To Court Of Appeals After United States Department Of Justice Weighs In. May 19, 2022

Expedia Owes US$29.85 Million From First Jury Decision In Libertad Act Lawsuit For "Trafficking" In Expropriated Cuba Asset.

MARIO ECHEVARRIA, Plaintiff, vs. EXPEDIA, INC., HOTELS.COM L.P., HOTELS.COM GP, LLC, and ORBITZ, LLC, Defendants.  Case Number: 19-22621-CIV-MORENO  

On 18 April 2025, a jury in the United States District Court for the Southern District of Florida, Miami, Division, held that defendant Expedia and three related entities were ordered to pay US$29.85 million to the plaintiffs for violating provisions of Title III of the the Cuban Liberty and Democratic Solidarity Act of 1996 (known as “Libertad Act” or “Helms-Burton 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.   

The Trump-Pence Administration (2017-2021) on 2 May 2019 made operational Title III of the Cuban Liberty and Democratic Solidarity Act.  

The plaintiffs sued Expedia for offering reservations for resorts constructed on a barrier island within the internationally-recognized territory of the Republic of Cuba.  The plaintiffs argued the property was confiscated absent compensation by the government of the Republic of Cuba. 

Link: ORDER DENYING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT (3/28/25) 

Jury Verdict Form 477 (4/18/25)
Jury Verdict Form 478 (4/18/25)
Jury Verdict Form 479 (4/18/25)
Jury Verdict Form 480 (4/18/25)
Order Modifying Oral Order Regarding Defendants’ Rule 50 Motion After Trial (4/21/25)

Links To Related Analyses 

Expedia And Orbitz Libertad Act Title III Lawsuit Moving Towards Trial Mar 13, 2025  

Libertad Act Lawsuit Against Expedia: "The Court rejects Defendants' argument that the Amended Complaint should be dismissed because Plaintiff failed to plead around the Lawful Travel Exception." September 21, 2023 

Plaintiff, And Defendants Booking, Expedia, Hotels, Orbitz, Respond To Court Of Appeals After United States Department Of Justice Weighs In. May 19, 2022

Exxon Mobil Asks U.S. Supreme Court To Resolve Libertad Act Lawsuit Issue Against Cuba's Coroporacion Cimex

Exxon Mobil Corporation, Petitioner v. Corporación Cimex, S.A. (Cuba), et al. Docketed: December 31, 2024. Linked with 24A330 Lower Ct: United States Court of Appeals for the District of Columbia Circuit. Case Numbers: (21-7127, 22-7019, 22-7020). Decision Date: July 30, 2024

Plaintiff: The Cuban instrumentalities spend the vast majority of their opposition deep in the weeds on the merits. Most of what they say is wrong, but all of it can wait for plenary briefing. At this stage, respondents do not dispute that the question presented has real diplomatic and political ramifications. They do not dispute that the nature of the question forecloses the possibility of a circuit split, and that the divided decision below is the closest substitute. Nor do they dispute that this case is an appropriate vehicle.  Instead, respondents offer derision: regardless of what this Court says about their sovereign immunity, they will never have to pay any judgment, so the question is academic. That assertion is wrong, and respondents’ confidence in their ability to successfully blow off billion-dollar judgments is impossible to square with their aggressive litigation of the threshold immunity question. Regardless, even if Helms-Burton Act plaintiffs may face other hurdles to recovery, that is no reason to let stand an additional hurdle that Congress did not erect. Indeed, as multiple amici confirm, whether such plaintiffs may sue Cuban instrumentalities in federal court has significant and immediate practical consequences for many American companies. It certainly matters to Exxon, which is currently pursuing unnecessary and burdensome jurisdictional discovery as this lawsuit enters its sixth year.  In the end, what is really at stake is the ability of victims like Exxon even to pursue long-overdue justice for the illegal confiscation of their property. The decision below closes the door to many such victims, despite Congress’s clear statutory language to the contrary and the Executive’s express authorization of such suits.

Defendant: Petitioner mistakenly frames the Question Presented as pertaining only to the agencies or instrumentalities of the Cuban Government. Title III of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, which establishes liability for “traffic[king]” in “confiscated” Cuban property, 22 U.S.C. § 6082(a)(1), is expressly applicable to the agencies or instrumentalities of any government. See 22 U.S.C. § 6023(11) (“‘[P]erson’ means any person or entity, including any agency or instrumentality of a foreign state.”). Thus, if Petitioner’s interpretation prevails, the instrumentalities of third-country governments, no less than those of the Cuban Government, would be subject to Title III actions in United States courts without regard to the immunity provisions of the Foreign Sovereign Immunities Act, which allows suit only on the conditions specified in its enumerated exceptions to the immunity it otherwise categorically confers. See 28 U.S.C. §§ 1604, 1605.

Date, Proceedings and Orders

Oct 03 2024 Application (24A330) to extend the time to file a petition for a writ of certiorari from October 28, 2024 to December 27, 2024, submitted to The Chief Justice. Main Document Proof of Service

Oct 10 2024 Application (24A330) granted by The Chief Justice extending the time to file until December 27, 2024.

Dec 27 2024 Petition for a writ of certiorari filed. (Response due January 30, 2025) Petition Certificate of Word Count Proof of Service

Jan 06 2025 Motion to extend the time to file a response from January 30, 2025 to March 3, 2025, submitted to The Clerk. Main Document

Jan 07 2025 Motion to extend the time to file a response is granted and the time is extended to and including March 3, 2025.

Jan 30 2025Brief amici curiae of King Ranch Inc., et al. filed. Main Document Proof of Service Certificate of Word Count

Jan 30 2025 Brief amicus curiae of Chamber of Commerce of the United States of America filed.Main Document Proof of Service Certificate of Word Count

Jan 31 2025 Motion to extend the time to file a response from March 3, 2025 to April 2, 2025, submitted to The Clerk. Main Document

Feb 03 2025 Motion to extend the time to file a response is granted and the time is further extended to and including April 2, 2025.

Apr 01 2025 Brief of respondents Corporación CIMEX, S.A. (Cuba), et al. in opposition filed. Main Document Proof of Service Certificate of Word Count

Apr 15 2025 Reply of Exxon Mobil Corporation submitted. Main Document Certificate of Word Count Proof of Service

Apr 16 2025 DISTRIBUTED for Conference of 5/2/2025.

LINK To Defendant Brief
LINK To Plaintiff Brief

U.S. Ag/Food Exports To Cuba In February Largest Since March 2014. Up 75.1% Year-To-Year. Unusual: US$17,202.00 In Municipal Waste From Tampa, Florida.

ECONOMIC EYE ON CUBA©
April 2025

February 2025 Ag/Food Exports To Cuba Increase 75.1% - 1
44th Of 212 February 2025 U.S. Food/Ag Export Markets- 2
Cuba Ranked 44th Of 2012 U.S. Ag/Food Export Markets - 2
February 2025 Healthcare Product Exports US$19,848.00 - 2
February 2025 Humanitarian Donations US$7,388,246.00 - 3
Obama Administration Initiatives Exports Continue To Increase - 3
U.S. Port Export Data- 19

FEBRUARY 2025 FOOD/AG EXPORTS TO CUBA INCREASE 75.1% - Exports of food products and agricultural commodities from the United States to the Republic of Cuba in February 2025 were US$47,636,633.00 compared to US$27,204,788.00 in February 2024 and US$24,592,601.00 in February 2023. 

February 2025 was the largest single month for exports since March 2014 which was US$53,021,705.00.

From January 2023 through February 2025, US$76,475,523.00 in vehicles (new and used, gas and electric), trucks, motorcycles, and scooters exported from the United States to the Republic of Cuba.

Highlights: US$17,202.00 in Municipal Waste From Tampa, Florida; US$6,500.00 in Eye Make-Up Preparations; US$856,836.00 in Rice; US$1,067,383.00 in Used Vehicles; US$46,700.00 in Trucks; US$969,546.00 in Motorcycles; US$7,468.00 in Solar Cells.

The data contains information on exports from the United States to the Republic of Cuba- products within the Trade Sanctions Reform and Export Enhancement Act (TSREEA) of 2000, Cuban Democracy Act (CDA) of 1992, and regulations implemented (1992 to present) for other products by the Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury and Bureau of Industry and Security (BIS) of the United States Department of Commerce.

The TSREEA re-authorized the direct commercial (on a cash basis) export of food products (including branded food products) and agricultural commodities from the United States to the Republic of Cuba, irrespective of purpose. The TSREEA does not include healthcare products, which remain authorized and regulated by the CDA.

The data represents the U.S. Dollar value of product exported from the United States to the Republic of Cuba under the TSREEA, CDA, and other regulations, specifically including products exported from the United States to the re-emerging private sector in the Republic of Cuba.

The data does not include transportation charges, bank charges, or other costs associated with exports; the government of the Republic of Cuba reports unverifiable data that includes transportation charges, bank charges, and other costs.

LINK TO COMPLETE REPORT IN PDF FORMAT

LINK TO COMPLETE LIST OF PRODUCTS IN 2024 EXPORTED FROM THE UNITED STATES TO CUBA

LINK TO COMPLETE LIST OF PRODUCTS IN 2023 EXPORTED FROM THE UNITED STATES TO CUBA

UK Supreme Court Rules In Favor Of CRF I Limited Lawsuit Against Banco Nacional de Cuba

From CRF I Limited: “This marks CRF’s fourth consecutive win in the English courts and confirms its legal standing to pursue recovery of sovereign debt claims under English law. The judgment closes the jurisdiction phase of the proceedings and allows CRF to move forward with confidence into the merits phase.” 

Link To Press Release

Link To Supreme Court Ruling 

“CRF I Limited Secures UK Supreme Court Victory, Making It 4–0 Against Banco Nacional de Cuba London, 3 April 2025 — CRF I Limited ("CRF") is pleased to announce a significant victory in the UK Supreme Court, which has rejected Banco Nacional de Cuba’s ("BNC") final attempt to challenge CRF’s legal standing. This marks CRF’s fourth consecutive win in the English courts—High Court, High Court (Appeal), Court of Appeal, and now the Supreme Court— solidifying CRF’s position as the rightful owner of the debt and clearing the way for the next phase of the case.  

In its 31 March 2025 ruling, the Supreme Court refused BNC’s application for permission to appeal, stating that the case raised no arguable point of law or issue of general public importance. This decision brings an end to BNC’s years-long campaign to block CRF’s claims on jurisdictional grounds and confirms, with finality, that CRF is the legal creditor entitled to pursue the debt. The ruling affirms the validity of CRF’s claims and underscores their enforceability under English law. With this favourable outcome, CRF will now proceed to the merits phase of the trial, where we remain confident of securing a win. The facts are clear: Cuba borrowed these sums and has failed to honour its repayment obligations—a pattern that has been consistent across its dealings.  

David Charters, Chairman of CRF, commented: "This marks a decisive and conclusive victory in the jurisdiction phase. The UK’s highest court has now confirmed what we have said from the start: CRF is the rightful creditor, and Cuba has no grounds left to dispute that. We’ve now beaten them at every stage—four times—and we’re not stopping here. Despite our repeated attempts to engage constructively, Cuba has consistently rejected genuine negotiation. We remain steadfastly committed to securing justice for our investors and will now intensify our efforts to enforce this ruling fully."  

CRF has made persistent efforts to engage with Cuban authorities in good faith since 2013, seeking a fair and equitable resolution. Despite CRF’s willingness to negotiate, the Cuban side has shown little interest in constructive dialogue. With the jurisdictional questions now settled definitively, CRF will continue to pursue its claims with determination, backed by the full authority of the English courts.” 

Links To Related Analyses  

"CRF I Limited Welcomes Decisive English Court of Appeal Ruling" Against Banco Nacional de Cuba. The US$100 Million Lawsuit Continues. November 20, 2024 

In London, China Bank Proceeds With Lawsuit Against Cuba For Potential US$1.3 Billion. Another Plaintiff In London Received Legal Fees From Cuba- That Lawsuit Continues In Litigation.. June 28, 2023 

Verdict By London Court In Cuba Debt Lawsuit: From Court- Money Remains Owed By Cuba, Cuba Lawfully Changed Assignment Process, Plaintiff Will Seek New Assignment. Another Year In Court? April 04, 2023 

36 Months Of Litigation; US$5.8 Million On Attorneys By Cayman Islands-Based Plaintiff And Havana-Based Defendants, Now London Trial. KCs Lead Sides. Issues: Interpol Red Notice, Jurisdiction, Bribery January 13, 2023 

China-Owned Bank In London Sues Cuba Central Bank And Government Of Cuba. Either Sue For Custodian Account Holders Or Be Sued By Them? Embarrassing For Cuba To Be Sued By "Good Friend." December 21, 2021 

UK Lawsuit Seeks US$100+ Million From Central Bank Of Cuba & Government Of Cuba. Four Countries. Three Banks. Questions- Defining A "Loan" And Capacity To Contract. Read The 14 Court Filings. December 06, 2021

U.S. Coast Guard Placing Restrictions On Vessels Arriving From Cuba To United States. Might Disrupt U.S. Commodity/Food Product Exports To Cuba?

Department of Homeland Security
Coast Guard
[Docket Number USCG-2025-0094]
AGENCY: Coast Guard, DHS.
ACTION: Notice.
SUMMARY: The Coast Guard announces that it will impose conditions of entry on vessels arriving from the Republic of Cuba. Conditions of entry are intended to protect the United States from vessels arriving from foreign ports or places that have been found to have deficient anti-terrorism measures.
DATES: The policy announced in this notice is effective on April 2, 2025.
FOR FURTHER INFORMATION CONTACT: For information about this document call or email Mr. Edward X. Munoz, Division Chief, International Port Security Assessments, United States Coast Guard, telephone 202-372-2122, [email protected].

SUPPLEMENTARY INFORMATION: Background and Purpose

The authority for this notice is 5 U.S.C. 552(a), 46 U.S.C. 70110 (“Maritime Transportation Security Act”), and Department of Homeland Security Delegation No. 00170.1(II) (97.f), Revision No. 01.4. As delegated, 46 U.S.C. 70110(a) authorizes the Coast Guard to impose conditions of entry on vessels arriving in U.S. waters from foreign ports that the Coast Guard has not found to maintain effective anti-terrorism measures. Section 70108, as amended by section 5603 of the National Defense Authorization Act for Fiscal Year 2024 (Pub. L. 118-31, Dec. 22, 2023), states that DHS shall deem any port under the jurisdiction of a foreign government that is a state sponsor of terrorism as not having effective anti-terrorism measures, and immediately apply the sanctions described in 46 U.S.C. 70110(a) to such a port.

In accordance with 46 U.S.C. 70108, as amended, and the Department of State's designation of the Republic of Cuba as a State Sponsor of Terrorism, the Coast Guard finds that Cuba does not have effective anti-terrorism measures.

With this notice, the current list of countries assessed and not maintaining effective anti-terrorism measures is as follows: Cambodia, Cameroon, Comoros, Cuba, Djibouti, Equatorial Guinea, The Gambia, Guinea-Bissau, Iran, Iraq, Libya, Madagascar, Federated States of Micronesia, Nauru, Nigeria, Sao Tome and Principe, Seychelles, Sudan, Syria, Timor-Leste, Venezuela, and Yemen. The current Port Security Advisory is available at:

http://www.dco.uscg.mil/​Our-Organization/​Assistant-Commandant-for-Prevention-Policy-CG-5P/​International-Domestic-Port-Assessment/​.

Dated: February 19, 2025.
Thomas G. Allan,
Vice Admiral, Deputy Commandant for Operations, Acting, U.S. Coast Guard.
[FR Doc. 2025-04597 Filed 3-18-25; 8:45 am] BILLING CODE 9110-04-P

In 8,375 Words, Havana Docks Corporation Requests U.S. Supreme Court To Review Libertad Act Lawsuit Against Cruise Lines

QUESTION PRESENTED

“The LIBERTAD Act is an essential pillar of United States foreign policy toward Cuba’s hostile and anti American regime.  Title III of that Act creates a private right of action for United States nationals who have a claim to property confiscated by that regime against persons who traffic in that property.  22 U.S.C. § 6082(a)(1).  The Act specifies that such trafficking “undermines the foreign policy of the United States” by, among other things, “provid[ing] badly needed financial benefit” to the Cuban regime.  Id. § 6081(6).

The question presented here applies in every case brought under Title III, and will determine whether that provision continues to advance U.S. foreign policy toward Cuba: whether a plaintiff must prove that the defendant trafficked in property confiscated by the Cuban government as to which the plaintiff owns a claim (as the statute requires), or instead that the defendant trafficked in property that the plaintiff would have continued to own at the time of trafficking in a counterfactual world “as if there had been no expropriation” (as the divided Eleventh Circuit panel held below).”

No. 24-983
Title: Havana Docks Corporation, Petitioner v. Royal Caribbean Cruises, Ltd., et al.
Docketed: March 13, 2025
Lower Ct: United States Court of Appeals for the Eleventh Circuit
Case Numbers: (23-10151, 23-10171)
Decision Date: October 22, 2024
Rehearing Denied: December 20, 2024

LINK: Mar 06 2025 Petition for a writ of certiorari filed. (Response due April 14, 2025)
LINK: Petition Proof of Service Certificate of Word Count

LINK: BRIEF OF REP. MARIO DÍAZ-BALART, SEN. RICK SCOTT, REP. DEBBIE WASSERMAN SCHULTZ, REP. MARÍA ELVIRA SALAZAR, AND REP. CARLOS ANTONIO GIMÉNEZ AS AMICI CURIAE SUPPORTING PETITIONER (March 2025)

“They are interested in this case because the judgment sought to be reviewed undermines a central pillar of our nation’s foreign policy on Cuba.”

Attorneys for Petitioner
Christopher Landau
Counsel of Record    
Ellis George LLP
1201 Connecticut Ave. N.W.
Suite 513
Washington, DC 20036
[email protected]    (202) 249-6900
Party name: Havana Docks Corporation

UPDATE:
Mar 06 2025- Petition for a writ of certiorari filed. (Response due April 14, 2025)
Mar 14 2025- Brief amici curiae of Representative Mario Díaz-Balart, et al. filed.
Mar 17 2025- Waiver of right of respondents Royal Caribbean Cruises, Ltd., et al. to respond filed.
Mar 19 2025    DISTRIBUTED for Conference of 4/4/2025.
Mar 25 2025    Response Requested. (Due April 24, 2025)
Apr 02 2025    Motion to extend the time to file a response from April 24, 2025 to May 23, 2025, submitted to The Clerk.
Apr 03 2025    Motion to extend the time to file a response is granted and the time is extended to and including May 23, 2025.

LINKS To Related Analyses

Eleventh Circuit Court of Appeals Is Not Preventing Havana Docks Corporation From Appealing To The United States Supreme Court Jan 24, 2025

Cruise Lines Request 11th Circuit Court Of Appeals To Return Libertad Act Title III Lawsuit To District Court. Defendants Argue Supreme Court Unlikely To Agree To Hear Appeal By Plaintiff. Jan 3, 2025  

Three Law Firms In Cuba Trademark Use Lawsuit Involving Heineken And Use Of 2024 Law

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION

CASE NO. 1:23-cv-24350-DPG-GAYLES/LOUIS

LAGUNITAS BREWING COMPANY d/b/a CERVECERIA LA TROPICAL, and LA TROPICAL HOLDINGS B.V., Plaintiffs, v. SOLTURA, LLC dba BUCANERO USA, et al/ Defendant.

SOLTURA, LLC dba BUCANERO USA, et al/ Counterclaimant, v. LAGUNITAS BREWING COMPANY d/b/a CERVECERIA LA TROPICAL, and LA TROPICAL HOLDINGS B.V., Counter-Defendants

LINK: RESPONSE in Opposition re 70 Plaintiff's MOTION to Dismiss with Prejudice 67 Counterclaim and Supporting Memorandum of Law filed by Soltura

LINK: Plaintiff's MOTION to Dismiss with Prejudice 67 Counterclaim and Supporting Memorandum of Law by Lagunitas Brewing Co., La Tropical Holdings B.V.

LINK: Bacardi Spent Approximately US$690,000.00 And 251 Days Later Its Cuba Trademark Legislation Moved From House To Senate- With No Objection. Where Were Pernod Ricard Lobbyists? NGO's? Members? December 07, 2023

03/10/2025    71     RESPONSE in Opposition re 70 Plaintiff's MOTION to Dismiss with Prejudice 67 Counterclaim and Supporting Memorandum of Law filed by Soltura, LLC. Replies due by 3/17/2025. (Attachments: # 1 Exhibit A)(Sacher, Joseph) (Entered: 03/10/2025)
02/24/2025    70     Plaintiff's MOTION to Dismiss with Prejudice 67 Counterclaim and Supporting Memorandum of Law by Lagunitas Brewing Co., La Tropical Holdings B.V.. Responses due by 3/10/2025. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Salky, Mark) (Entered: 02/24/2025)
02/18/2025    69     Defendants ANSWER and Affirmative Defenses to Amended Complaint by Martin Wadley, Soltura, LLC. (Sacher, Joseph) (Entered: 02/18/2025)
02/04/2025    68     Second AMENDED COMPLAINT against Soltura, LLC, Martin Wadley filed in response to Order Granting Motion for Leave, filed by La Tropical Holdings B.V., Lagunitas Brewing Co.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S)(Salky, Mark) (Entered: 02/04/2025)
02/03/2025    67     Defendant's COUNTERCLAIM against La Tropical Holdings B.V., Lagunitas Brewing Co., filed by Soltura, LLC.(Sacher, Joseph) (Entered: 02/03/2025)
02/02/2025    66     PAPERLESS ORDER granting 63 Defendant's Unopposed Motion for Leave to File Counterclaim and Incorporated Memorandum of Law. Pursuant to Local Rule 15.1, the Defendant shall separately file the Counterclaim by February 7, 2025. Signed by Judge Darrin P. Gayles on 2/2/2025. (mp02) (Entered: 02/02/2025)
02/02/2025    65     PAPERLESS ORDER granting 61 Unopposed Motion for Leave to File Second Amended Complaint. Plaintiffs may file a Second Amended Complaint. Signed by Judge Darrin P. Gayles on 2/2/2025. (mp02) (Entered: 02/02/2025)
01/31/2025    64     Witness List for November 3, 2025 Trial by Martin Wadley, Soltura, LLC.. (Sacher, Joseph) (Entered: 01/31/2025)
01/31/2025    63     Unopposed MOTION for Leave to File Counterclaim and Incorporated Memorandum of Law by Soltura, LLC. (Attachments: # 1 Exhibit 1 - Proposed Counterclaim, # 2 Affidavit - Declaration of Jeffrey D. Farrow, # 3 Text of Proposed Order)(Sacher, Joseph) (Entered: 01/31/2025)
01/31/2025    62     Witness List for November 3, 2025 Trial by Lagunitas Brewing Co., La Tropical Holdings B.V... (Salky, Mark) (Entered: 01/31/2025)
01/31/2025    61     Unopposed MOTION for Leave to File Second Amended Complaint and Incorporated Memorandum of Law by Lagunitas Brewing Co., La Tropical Holdings B.V.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Salky, Mark) (Entered: 01/31/2025)
01/14/2025    60     Defendants ANSWER and Affirmative Defenses to Amended Complaint by Soltura, LLC, Martin Wadley. (Sacher, Joseph) (Entered: 01/14/2025)
01/14/2025    59     SIXTH AMENDED SCHEDULING ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MOTIONS TO MAGISTRATE JUDGE: (Jury Trial set for 11/3/2025 before Judge Darrin P. Gayles., Calendar Call set for 10/29/2025 09:30 AM before Judge Darrin P. Gayles.), REFERRING 58 Joint MOTION to Modify the Scheduling Order, and to Continue the Trial Date re 54 Order on Motion for Leave to File,, filed by Soltura, LLC, Martin Wadley., Motions terminated: 58 Joint MOTION to Modify the Scheduling Order, and to Continue the Trial Date re 54 Order on Motion for Leave to File,, filed by Soltura, LLC, Martin Wadley. Motions terminated: 58 Joint MOTION to Modify the Scheduling Order, and to Continue the Trial Date re 54 Order on Motion for Leave to File,, filed by Soltura, LLC, Martin Wadley. Signed by Judge Darrin P. Gayles on 1/14/2025. See attached document for full details. (pc)
Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. (Entered: 01/14/2025)
01/10/2025    58     Joint MOTION to Modify the Scheduling Order, and to Continue the Trial Date re 54 Order on Motion for Leave to File,, by Soltura, LLC, Martin Wadley. Attorney Joseph Alan Sacher added to party Martin Wadley(pty:dft). (Attachments: # 1 Affidavit Declaration of JeffreyD. Farrow, # 2 Text of Proposed Order)(Sacher, Joseph) (Entered: 01/10/2025)
12/31/2024    57     Summons Issued as to Martin Wadley. (pc) (Entered: 01/02/2025)
12/31/2024    56     NOTICE of Filing Proposed Summons(es) (Directed to Defendant Martin Wadley) by La Tropical Holdings B.V., Lagunitas Brewing Co. re 55 Amended Complaint/Amended Notice of Removal,, filed by Lagunitas Brewing Co., La Tropical Holdings B.V. (Attachments: # 1 Summon(s) Proposed Summons directed to Defendant Martin Wadley) (Salky, Mark) (Entered: 12/31/2024)
12/31/2024    55     First AMENDED COMPLAINT against Soltura, LLC, Martin Wadley filed in response to Order Granting Motion for Leave, filed by Lagunitas Brewing Co., La Tropical Holdings B.V.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S)(Salky, Mark) (Entered: 12/31/2024)
12/23/2024    54     PAPERLESS ORDER granting 47 Plaintiffs' Motion for Leave to File Amended Complaint. The Court finds good cause to grant the Motion. The Court previously granted Plaintiffs leave to file an amended complaint. [ECF No. 45]. Furthermore, the substantive issues raised by the Defendant in opposition are best resolved at summary judgment. Pursuant to Local Rule 15.1, Plaintiffs shall separately refile their amended complaint on or before January 10, 2024.
As additional fact discovery may be warranted, the parties may submit a joint proposed amended scheduling order on or before January 10, 2024. Signed by Judge Darrin P. Gayles on 12/23/2024. (bs00) (Entered: 12/23/2024)
12/04/2024    53     Corrected REPLY to 51 Response in Opposition to Motion, by La Tropical Holdings B.V., Lagunitas Brewing Co.. (Attachments: # 1 Exhibit A)(Salky, Mark) (Entered: 12/04/2024)
12/04/2024    52     REPLY to 51 Response in Opposition to Motion, by La Tropical Holdings B.V., Lagunitas Brewing Co.. (Attachments: # 1 Exhibit A)(Salky, Mark) (Entered: 12/04/2024)
11/27/2024    51     RESPONSE in Opposition re 47 Plaintiff's MOTION for Leave to File Amended Complaint and Incorporated Memorandum of Law filed by Soltura, LLC. Replies due by 12/4/2024. (Attachments: # 1 Exhibit Declaration of Jeffrey D. Farrow in Support of Defendant's Opposition to Plaintiffs' Motion for Leave to File Amended Complaint)(Sacher, Joseph) (Entered: 11/27/2024)
11/20/2024    50     FIFTH AMENDED SCHEDULING ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MOTIONS TO MAGISTRATE JUDGE: (Jury Trial set for 8/25/2025 before Judge Darrin P. Gayles., Telephonic Calendar Call set for 8/20/2025 09:30 AM before Judge Darrin P. Gayles.) re 48 Joint MOTION TO MODIFY THE SCHEDULING ORDER AND TO CONTINUE THE TRIAL DATE filed by Lagunitas Brewing Co., La Tropical Holdings B.V.., Motions terminated: 48 Joint MOTION TO MODIFY THE SCHEDULING ORDER AND TO CONTINUE THE TRIAL DATE filed by Lagunitas Brewing Co., La Tropical Holdings B.V.. Motions terminated: 48 Joint MOTION TO MODIFY THE SCHEDULING ORDER AND TO CONTINUE THE TRIAL DATE filed by Lagunitas Brewing Co., La Tropical Holdings B.V.. Signed by Judge Darrin P. Gayles on 11/20/2024. See attached document for full details. (pc)
Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. Modified text on 11/20/2024 (pc). (Entered: 11/20/2024)
11/20/2024    49     Defendant's First Amended ANSWER and Affirmative Defenses to Complaint with Jury Demand by Soltura, LLC. (Sacher, Joseph) (Entered: 11/20/2024)
11/14/2024    48     Joint MOTION TO MODIFY THE SCHEDULING ORDER AND TO CONTINUE THE TRIAL DATE by La Tropical Holdings B.V., Lagunitas Brewing Co.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Salky, Mark) (Entered: 11/14/2024)
11/13/2024    47     Plaintiff's MOTION for Leave to File Amended Complaint and Incorporated Memorandum of Law by La Tropical Holdings B.V., Lagunitas Brewing Co.. (Attachments: # 1 Exhibit 1 - Amended Complaint, # 2 Exhibit 2 - Redlined Amended Complaint)(Salky, Mark) (Entered: 11/13/2024)
11/07/2024    46     Defendant's ANSWER and Affirmative Defenses to Complaint with Jury Demand by Soltura, LLC. (Sacher, Joseph) (Entered: 11/07/2024)
10/24/2024    45     ORDER granting, in part, and denying, in part 10 Defendant's Motion to Dismiss Plaintiffs' Complaint. Signed by Judge Darrin P. Gayles on 10/24/2024. See attached document for full details. (bs00) (Entered: 10/24/2024)
10/23/2024    44     NOTICE of Attorney Appearance by Emiley Frances Pagrabs on behalf of La Tropical Holdings B.V., Lagunitas Brewing Co.. Attorney Emiley Frances Pagrabs added to party La Tropical Holdings B.V.(pty:pla), Attorney Emiley Frances Pagrabs added to party Lagunitas Brewing Co.(pty:pla). (Pagrabs, Emiley) (Entered: 10/23/2024)
09/30/2024    43     PAPERLESS ORDER granting, in part, and denying, in part, 10 Defendant's Motion to Dismiss Plaintiffs' Complaint. A detailed paper order shall follow. Signed by Judge Darrin P. Gayles on 9/30/2024. (bs00) (Entered: 09/30/2024)
09/12/2024    42     PAPERLESS ORDER granting the parties' 41 Joint Motion to Modify the Scheduling Order to Extend Expert Discovery. The schedule is amended as follows:
1. Parties shall disclose expert reports, expert witnesses, summaries, and reports as required by Fed. R. Civ. P. 26(a)(2) on or before October 16, 2024;
2. Exchange of rebuttal expert witness summaries and reports as required by Fed. R. Civ. P. 26(a)(2) on or before November 15, 2024; and
3. Expert discovery shall be completed on or before December 5, 2024.
The other pre-trial deadlines and trial date shall remain unchanged. Signed by Judge Darrin P. Gayles on 9/12/2024. (bs00) (Entered: 09/12/2024)
09/11/2024    41     Joint MOTION to Amend/Correct 37 Order on Motion to Amend/Correct,, by La Tropical Holdings B.V., Lagunitas Brewing Co.. Responses due by 9/25/2024. (Attachments: # 1 Text of Proposed Order)(Salky, Mark) (Entered: 09/11/2024)
09/11/2024    40     PAPERLESS Minute Entry for proceedings held before Judge Darrin P. Gayles: Telephonic Status Conference held on 9/11/2024. All parties present. Total time in court: 5 minutes. Court Reporter: Patricia Diaz, 305-523-5178 / [email protected]. (bs00) (Entered: 09/11/2024)
09/11/2024    39     PAPERLESS ORDER. For the September 11, 2024 Status Conference, counsel shall enter their appearances telephonically using the following dial-in information: Dial-in Number 305-990-2559; Conference ID 374 050 271#. Signed by Judge Darrin P. Gayles on 9/11/2024. (bs00) (Entered: 09/11/2024)
08/27/2024    38     FINAL MEDIATION REPORT by Mediator Harry R. Schafer. Disposition: Adjourned. Mediation held/partially held via video-conference. Filed by La Tropical Holdings B.V., Lagunitas Brewing Co.. (Attachments: # 1 Exhibit A - Mediator's Report)(Salky, Mark) (Entered: 08/27/2024)
08/15/2024         The Status Conference set for August 22, 2024 has been cancelled in light of the newly scheduled Status Conference for September 11, 2024. (bs00) (Entered: 08/15/2024)
08/13/2024    37     AMENDED SCHEDULING ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MOTIONS TO MAGISTRATE JUDGE re 36 Motion to Amend/Correct. Telephonic Calendar Call set for 4/16/2025 09:30 AM before Judge Darrin P. Gayles. Jury Trial set for 4/21/2025 before Judge Darrin P. Gayles. Telephonic Status Conference set for 9/11/2024 10:00 AM before Judge Darrin P. Gayles. Signed by Judge Darrin P. Gayles on 8/13/2024. See attached document for full details. (pc) (Entered: 08/13/2024)
08/02/2024    36     Joint MOTION to Amend/Correct 19 Scheduling Order,,,, Order Referring Case to Mediation,,,, Order Referring Case to Magistrate Judge,,, and to Continue Trial Date by La Tropical Holdings B.V., Lagunitas Brewing Co.. Responses due by 8/16/2024. (Attachments: # 1 Affidavit Decl. of Steven J. Wadyka, # 2 Text of Proposed Order Proposed Order)(Salky, Mark) (Entered: 08/02/2024)
06/28/2024    35     PAPERLESS ORDER granting the parties' 34 Joint Motion to Extend Deadline to Complete Mediation. The parties shall complete mediation on or before August 20, 2024. Signed by Judge Darrin P. Gayles on 6/28/2024. (bs00) (Entered: 06/28/2024)
06/18/2024    34     Joint MOTION for Extension of Time to Mediate by La Tropical Holdings B.V., Lagunitas Brewing Co.. (Attachments: # 1 Exhibit A - Proposed Order)(Salky, Mark) (Entered: 06/18/2024)
05/31/2024    33     PAPERLESS ORDER. THIS CAUSE comes before the Court on the parties' 32 Stipulation to Modify the Scheduling Order. The 19 Scheduling Order is amended as follows:
1.Parties shall disclose experts, expert witness summaries, and reports as required by Fed. R. Civ. P. 26(a)(2) on or before August 15, 2024;
2.Exchange of rebuttal expert witness summaries and reports as required by Fed. R. Civ. P. 26(a)(2) on or before September 13, 2024;
3.Fact discovery shall be completed on or before July 15, 2024; and
4.Expert discovery shall be completed on or before October 4, 2024.
All other deadlines shall be governed by the Court's 19 Scheduling Order. Signed by Judge Darrin P. Gayles on 5/31/2024. (bs00) (Entered: 05/31/2024)
05/30/2024    32     STIPULATION re 19 Scheduling Order,,,, Order Referring Case to Mediation,,,, Order Referring Case to Magistrate Judge,,, TO MODIFY SCHDULING ORDER by La Tropical Holdings B.V., Lagunitas Brewing Co. (Attachments: # 1 Text of Proposed Order)(Salky, Mark) (Entered: 05/30/2024)
05/13/2024    31     ORDER granting, in part, the Parties' 30 Joint Motion for Entry of Agreed Confidentiality Stipulation and Protective Order. Signed by Magistrate Judge Lauren Fleischer Louis on 5/13/2024. See attached document for full details. (as06) (Entered: 05/13/2024)
05/03/2024    30     Joint MOTION for Protective Order and Agreed Confidentiality Stipulation by La Tropical Holdings B.V., Lagunitas Brewing Co.. (Attachments: # 1 Exhibit 1)(Salky, Mark) (Entered: 05/03/2024)
04/15/2024    29     NOTICE of Mediator Selection and Hearing. Selected/Added La Tropical Holdings B.V., Lagunitas Brewing Co., Harry R. Schafer as Mediator. Mediation Hearing set for 6/25/2024. (Salky, Mark) (Entered: 04/15/2024)
04/01/2024    28     PAPERLESS ORDER granting 27 Defendant's Unopposed Motion for Extension of Time to Respond to Plaintiffs' Discovery. Defendants shall submit its responses on or before April 15, 2024. Signed by Judge Darrin P. Gayles on 4/1/2024. (bs00) (Entered: 04/01/2024)
03/29/2024    27     Unopposed MOTION for Extension of Time to Respond to Plaintiff's Discovery by Soltura, LLC. Responses due by 4/12/2024. (Attachments: # 1 Text of Proposed Order)(Sacher, Joseph) (Entered: 03/29/2024)
03/26/2024    26     PAPERLESS ORDER granting 25 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Molly R. Littman-Johnson is permitted to appear before this Court on behalf of Plaintiffs for all purposes relating to this action. The clerk is directed to provide Notice of Electronic Filings to Ms. Littman-Johnson at [email protected]. Signed by Judge Darrin P. Gayles on 3/26/2024. (bs00) (Entered: 03/26/2024)
03/26/2024    25     MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Molly R. Littman-Johnson. Filing Fee $ 200.00 Receipt # AFLSDC-17397924 by La Tropical Holdings B.V., Lagunitas Brewing Co.. Responses due by 4/9/2024. (Attachments: # 1 Certification Molly R. Littman-Johnson, # 2 Exhibit A - Proposed Order)(Gillenwater, James) (Entered: 03/26/2024)
03/05/2024    24     PAPERLESS ORDER denying Plaintiffs' 21 Motion for Leave to File Surreply to Defendant's Motion to Dismiss. Signed by Judge Darrin P. Gayles on 3/5/2024. (aci) (Entered: 03/05/2024)
01/22/2024    23     Plaintiff's REPLY to 20 Reply to Response to Motion, 10 Defendant's MOTION TO DISMISS 1 Complaint,, FOR FAILURE TO STATE A CLAIM to Defendant's Opposition to Plaintiffs' Motion for Leave to File Surreply to Defendant Soltura LLC's Motion to Dismiss by La Tropical Holdings B.V., Lagunitas Brewing Co.. (Attachments: # 1 Exhibit A)(Salky, Mark) (Entered: 01/22/2024)
01/16/2024    22     RESPONSE in Opposition re 21 MOTION for Leave to File Surreply to Defendant Soltura, LLC's Motion to Dismiss filed by Soltura, LLC. Replies due by 1/23/2024. (Attachments: # 1 Exhibit 1 - Declaration of Jeffrey D. Farrow)(Sacher, Joseph) (Entered: 01/16/2024)
01/11/2024    21     MOTION for Leave to File Surreply to Defendant Soltura, LLC's Motion to Dismiss by La Tropical Holdings B.V., Lagunitas Brewing Co.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Salky, Mark) (Entered: 01/11/2024)
01/05/2024    20     DEFENDANT'S REPLY IN SUPPORT OF MOTION re 10 Defendant's MOTION TO DISMISS 1 Complaint,, FOR FAILURE TO STATE A CLAIM filed by Soltura, LLC. (Sacher, Joseph) Modified text on 1/8/2024 (ebz). (Entered: 01/05/2024)
12/27/2023    19     SCHEDULING ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MOTIONS TO MAGISTRATE JUDGE: Telephonic Status Conference set for 8/22/2024 10:00 AM before Judge Darrin P. Gayles. Telephonic Calendar Call set for 2/5/2025 9:30 AM before Judge Darrin P. Gayles. Jury Trial set for 2/10/2025 before Judge Darrin P. Gayles. Mediation Deadline 8/2/2024. ORDER REFERRING CASE to Magistrate Judge Lauren Fleischer Louis for Discovery Matters. Signed by Judge Darrin P. Gayles on 12/27/2023. See attached document for full details. (wce)
Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. (Entered: 12/27/2023)
12/27/2023         Set/Reset Deadlines/Hearings per DE 18 Order re 10 Defendant's MOTION TO DISMISS 1 Complaint,, FOR FAILURE TO STATE A CLAIM . Replies due by 1/5/2024. (amb) (Entered: 12/27/2023)
12/27/2023    18     PAPERLESS ORDER granting 17 Defendants Unopposed Motion for Extension of Time to File Reply in Support of Motion to Dismiss. Defendant shall file its reply on or before January 5, 2024. Signed by Judge Darrin P. Gayles on 12/27/2023. Signed by Judge Darrin P. Gayles on 12/27/2023. (bs00) (Entered: 12/27/2023)
12/26/2023    17     Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 14 Response in Opposition to Motion, 10 Defendant's MOTION TO DISMISS 1 Complaint,, FOR FAILURE TO STATE A CLAIM by Soltura, LLC. (Sacher, Joseph) (Entered: 12/26/2023)
12/22/2023    16     Joint SCHEDULING REPORT - Rule 16.1 by La Tropical Holdings B.V., Lagunitas Brewing Co. (Attachments: # 1 Text of Proposed Order)(Salky, Mark) (Entered: 12/22/2023)
12/21/2023    15     PAPERLESS ORDER granting 13 Unopposed Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Attorney Jeffrey D. Farrow is permitted to appear before this Court on behalf of Defendant Soltura, LLC d/b/a Bucanero USA for all purposes relating to this action. The clerk is directed to provide Notice of Electronic Filings to Jeffrey D. Farrow at email address: [email protected]. Signed by Judge Darrin P. Gayles on 12/21/2023. (bs00) (Entered: 12/21/2023)
12/20/2023    14     RESPONSE in Opposition re 10 Defendant's MOTION TO DISMISS 1 Complaint,, FOR FAILURE TO STATE A CLAIM filed by La Tropical Holdings B.V., Lagunitas Brewing Co.. Replies due by 12/27/2023. (Attachments: # 1 Affidavit Decl. of Mark A. Salky w/Exhibits)(Salky, Mark) (Entered: 12/20/2023)
12/20/2023    13     Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jeffrey D. Farrow. Filing Fee $ 200.00 Receipt # AFLSDC-17160590 by Soltura, LLC. Responses due by 1/3/2024 (Attachments: # 1 Text of Proposed Order)(Sacher, Joseph) (Entered: 12/20/2023)
12/08/2023    12     PAPERLESS ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before December 22, 2023, the parties shall prepare and file a Joint Scheduling Report, as well as Certificates of Interested Parties and Corporate Disclosure Statements.
The parties shall also file a Proposed Scheduling Order, adhering to the format and guidance of the attached form. If the parties deviate in any way from that format and guidance, they shall contemporaneously submit a written explanation, which provides their purported justification for each and every deviation. If the parties fail to submit such written explanation, the Court may enter a Scheduling Order that does not take into account the parties' proposed dates.
Failure to comply with this Order shall be grounds for dismissal without prejudice and without further notice. Signed by Judge Darrin P. Gayles on 12/8/2023. See attached document for full details. (bs00) (Entered: 12/08/2023)
12/06/2023    11     Defendant's Corporate Disclosure Statement by Soltura, LLC (Sacher, Joseph) (Entered: 12/06/2023)
12/06/2023    10     Defendant's MOTION TO DISMISS 1 Complaint,, FOR FAILURE TO STATE A CLAIM by Soltura, LLC. Attorney Joseph Alan Sacher added to party Soltura, LLC(pty:dft). Responses due by 12/20/2023 (Attachments: # 1 Exhibit 1)(Sacher, Joseph) (Entered: 12/06/2023)
11/21/2023    9     AFFIDAVIT of Service signed by: Robert Hansell, RPS #1422 re 4 Summons Issued by La Tropical Holdings B.V., Lagunitas Brewing Co. (Salky, Mark) (Entered: 11/21/2023)
11/15/2023    8     PAPERLESS ORDER granting 7 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Attorney Steven J. Wadyka, Jr., of the law firm of Greenberg Traurig, LLP, is permitted to appear before this Court on behalf of Plaintiffs Lagunitas Brewing Company d/b/a Cerveceria La Tropical and La Tropical Holdings, B.V. for all purposes relating to this action. The clerk is directed to provide Notice of Electronic Filings to Steven J. Wadyka, Jr. at email address: [email protected]. Signed by Judge Darrin P. Gayles on 11/15/2023. Signed by Judge Darrin P. Gayles on 11/15/2023. (bs00) (Entered: 11/15/2023)
11/15/2023    7     MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Steven J. Wadyka, Jr.. Filing Fee $ 200.00 Receipt # AFLSDC-17075918 by La Tropical Holdings B.V., Lagunitas Brewing Co.. Responses due by 11/29/2023 (Attachments: # 1 Exhibit A)(Gillenwater, James) (Entered: 11/15/2023)
11/15/2023    6     Bar Letter re: Admissions sent to attorney Steven J. Wadyka Jr., mailing date November 15, 2023, (pt) (Entered: 11/15/2023)
11/14/2023    5     NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles on 11/14/2023. (bs00) (Entered: 11/14/2023)
11/13/2023    4     Summons Issued as to Soltura, LLC. (pc) (Entered: 11/14/2023)
11/13/2023    3     FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (pc) (Entered: 11/14/2023)
11/13/2023    2     Clerks Notice of Judge Assignment to Judge Darrin P. Gayles.
Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (pc) (Entered: 11/14/2023)
11/13/2023    1     COMPLAINT against Soltura, LLC dba Bucanero USA. Filing fees $ 402.00 receipt number AFLSDC-17069575, filed by Lagunitas Brewing Co. dba Cerveceria La Tropical, La Tropical Holdings B.V.. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s) Defendant Soltura, LLC dba Bucanero USA, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N, # 17 Exhibit O, # 18 Exhibit P, # 19 Exhibit Q, # 20 Exhibit R)(Salky, Mark) (Entered: 11/13/2023)

Expedia And Orbitz Libertad Act Title III Lawsuit Moving Towards Trial

Case Number: 19-22621-CIV-MORENO
MARIO ECHEVARRIA, Plaintiff, vs. EXPEDIA, INC., HOTELS.COM L.P., HOTELS.COM GP, LLC, and ORBITZ, LLC, Defendants.  

ORDER ON PLAINTIFF'S APPEAL OF MAGISTRATE JUDGE'S ORDER AND ORDER OF CONTINUANCE

Chief Magistrate Judge Torres has ruled that without an extension of pretrial deadlines there is no cause to compel further discovery in this case. Rather than making this case a ''trial'' over the sufficiency of the evidence so far produced, the Court continues the trial to the two week period of March 24, 2025 and calendar call will take place before the undersigned on March 18, 2025 at 9:30 A.M. at the Wilkie D. Ferguson Courthouse, 400 North Miami Avenue, Room 12-2, Miami, Florida 33128.

LINK To Order Setting Status Conference (2/26/25)
LINK To Order Setting Status Conference (12/17/25)

Exxon Files With U.S. Supreme Court For Ruling In Libertad Act Title III Lawsuit Against Cuba Companies

Docket for 24-699: Title:Exxon Mobil Corporation, Petitioner v. Corporación Cimex, S.A. (Cuba), et al.  United States Court of Appeals for the District of Columbia Circuit Petition for a writ of certiorari Party name: Corporación CIMEX, S.A. (Cuba), Corporación CIMEX, S.A (Panama), Unión Cuba-Petróleo

LINK To: 20241227105128755_Exxon_PETITION FOR A WRIT OF CERTIORARI

Title:    Exxon Mobil Corporation, Petitioner v. Corporación Cimex, S.A. (Cuba), et al.
Docketed:    December 31, 2024
Linked with 24A330    
Lower Ct:    United States Court of Appeals for the District of Columbia Circuit
Case Numbers:    (21-7127, 22-7019, 22-7020)
Decision Date:    July 30, 2024

Oct 03 2024- Application (24A330) to extend the time to file a petition for a writ of certiorari from October 28, 2024 to December 27, 2024, submitted to The Chief Justice.

Oct 10 2024- Application (24A330) granted by The Chief Justice extending the time to file until December 27, 2024.
    
Dec 27 2024- Petition for a writ of certiorari filed. (Response due January 30, 2025)
 
Jan 06 2025- Motion to extend the time to file a response from January 30, 2025 to March 3, 2025, submitted to The Clerk.

Jan 07 2025- Motion to extend the time to file a response is granted and the time is extended to and including March 3, 2025.
    
Jan 30 2025- Brief amici curiae of King Ranch Inc., et al. filed.

Jan 30 2025- Brief amicus curiae of Chamber of Commerce of the United States of America filed.

Jan 31 2025- Motion to extend the time to file a response from March 3, 2025 to April 2, 2025, submitted to The Clerk.

Feb 03 2025- Motion to extend the time to file a response is granted and the time is further extended to and including April 2, 2025.
    
Attorneys for Petitioner
Jeffrey B. Wall
Counsel of Record
Sullivan & Cromwell LLP
1700 New York Ave NW
Suite 700
Washington, DC 20006
[email protected]    (202) 956-7660

Exxon Mobil Corporation
Attorneys for Respondents
Michael Robert Krinsky
Counsel of Record    
Rabinowitz Boudin Standard Krinsky Lieberman, P.C.
320 West 85th Street
New York, NY 10024
[email protected]    19179296051

Party name: Corporación CIMEX, S.A. (Cuba), Corporación CIMEX, S.A (Panama), Unión Cuba-Petróleo
Jared Robert Butcher
Counsel of Record    
Berliner Corcoran & Rowe LLP
1101 17th St Nw
Suite 1100
Washington, DC 20036
[email protected]    2022931074

King Ranch Inc., Vertientes-Camaguey Sugar Company, and Grant Manheim
Ilana Hope Eisenstein
Counsel of Record    
DLA Piper LLP (US)
1650 Market Street
Suite 5000
Philadelphia, PA 19103
[email protected]    215-656-3300
The Chamber of Commerce of the United States of America

Docket for 24A330: Title:Exxon Mobil Corporation, Applicant v. Corporación Cimex, S.A. (Cuba), et al.  United States Court of Appeals for the District of Columbia Circuit Application (24A330) to extend the time to file a petition for a writ of certiorari from October 28, 2024 to December 27, 2024

Title:    Exxon Mobil Corporation, Applicant v.cCorporación Cimex, S.A. (Cuba), et al.
Docketed:    October 7, 2024
Linked with 24-699    
Lower Ct:    United States Court of Appeals for the District of Columbia Circuit
Case Numbers:    (21-7127, 22-7019, 22-7020)

Oct 03 2024- Application (24A330) to extend the time to file a petition for a writ of certiorari from October 28, 2024 to December 27, 2024, submitted to The Chief Justice.

Oct 10 2024- Application (24A330) granted by The Chief Justice extending the time to file until December 27, 2024.

Attorneys for Petitioner
Steven Keith Davidson
Counsel of Record    
Steptoe LLP
1330 Connecticut Avenue, NW
Washington, DC 20036
[email protected]    202-429-8077
Party name: Exxon Mobil Corporation

Certified Claims Background

There are 8,821 claims of which 5,913 awards valued at US$1,902,202,284.95 were certified by the United States Foreign Claims Settlement Commission (USFCSC) and have not been resolved for nearing sixty years (some assets were officially confiscated in the 1960’s, some in the 1970’s and some in the 1990’s).  The USFCSC permitted simple interest (not compound interest) of 6% per annum (approximately US$114,132,137.10); with the approximate current value of the 5,913 certified claims is more than US$8,750,130,510.77.

The first asset (along with 382 enterprises the same day) to be expropriated by the Republic of Cuba was an oil refinery on 6 August 1960 owned by White Plains, New York-based Texaco, Inc., now a subsidiary of San Ramon, California-based Chevron Corporation (USFCSC: CU-1331/CU-1332/CU-1333 valued at US$56,196,422.73).

From the certified claim filed by Texaco: “The Cuban corporation was intervened on June 29, 1960, pursuant to Resolution 188 of June 28, 1960, under Law 635 of 1959.  Resolution 188 was promulgated by the Government of Cuba when the Cuban corporation assertedly refused to refine certain crude oil as assertedly provided under a 1938 law pertaining to combustible materials.  Subsequently, this Cuban firm was listed as nationalized in Resolution 19 of August 6, 1960, pursuant to Cuban Law 851.  The Commission finds, however, that the Cuban corporation was effectively intervened within the meaning of Title V of the Act by the Government of Cuba on June 29, 1960.”

LINK TO LIBERTAD ACT TITLE III LAWSUIT FILING STATISTICS