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 / Ilona_lupowitz@flsd.uscourts.gov ; Gilda Pastor-Hernandez, 305-523-5118 / Gilda_Pastor-Hernandez@flsd.uscourts.gov. (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 / Ilona_lupowitz@flsd.uscourts.gov. (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
dshank@scottdoug.com
Cheryl Joseph LaFond (pro hac vice)
Texas Bar No. 24104015
clafond@scottdoug.com
Rebecca Jahnke (pro hac vice)
Texas Bar No. 24129982
bjahnke@scottdoug.com
Santosh Aravind (pro hac vice)
Texas Bar No. 24095052
saravind@scottdoug.com
Stephen Burbank (pro hac vice)
Texas Bar No. 24109672
sburbank@scottdoug.com
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
lorayne.perez@akerman.com
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, Edward.X.Munoz@uscg.mil.

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
clandau@ellisgeorge.com    (202) 249-6900
Party name: Havana Docks Corporation

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 / Patricia_Diaz@flsd.uscourts.gov. (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 molly.littman@gtlaw.com. 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: jfarrow@mrllp.com. 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: wadykas@gtlaw.com. 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
wallj@sullcrom.com    (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
mkrinsky@rbskl.com    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
jbutcher@bcrlaw.com    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
ilana.eisenstein@dlapiper.com    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
sdavidson@steptoe.com    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

U.S. Ag/Food Exports To Cuba Increase .80% In January 2025. Other Exports: US$303,869.00 In Cement; US$1,907,350.00 In Used Vehicles; US$250,920.00 In Motorcycles

ECONOMIC EYE ON CUBA©
March 2025

January 2025 Ag/Food Exports To Cuba Increase .80% - 1
44th Of 203 January 2025 U.S. Food/Ag Export Markets- 2
Cuba Ranked 44th Of 203 U.S. Ag/Food Export Markets - 2
January 2025 Healthcare Product Exports US$479,334.00 - 2
January 2025 Humanitarian Donations US$5,394,610.00 - 3
Obama Administration Initiatives Exports Continue To Increase - 3
U.S. Port Export Data- 19

JANUARY 2025 FOOD/AG EXPORTS TO CUBA INCREASE .80% - Exports of food products and agricultural commodities from the United States to the Republic of Cuba in January 2025 were US$45,532,183.00 compared to US$45,168,873.00 in January 2024 and US$32,394,196.00 in January 2023.

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

Havana Club Rum Available In Ukraine At Upscale Kyiv And Kharkiv Supermarket.

US$1.00 equals 42.28 Ukrainian Hryvni

Cuba Ranking In 2024 Corruption Perceptions Index (CPI): 41/100 And 82/180

“Corruption is blocking progress towards a sustainable world

The 2024 Corruption Perceptions Index (CPI) shows that corruption is a dangerous problem in every part of the world, but change for the better is happening in many countries.  Research also reveals that corruption is a major threat to climate action. It hinders progress in reducing emissions and adapting to the unavoidable effects of global heating.  The CPI ranks 180 countries and territories worldwide by their perceived levels of public sector corruption. The results are given on a scale of 0 (highly corrupt) to 100 (very clean). 

How are country scores calculated?  Each country’s score is a combination of at least 3 data sources drawn from 13 different corruption surveys and assessments. These data sources are collected by a variety of reputable institutions, including the World Bank and the World Economic Forum.  CPI scores do not reflect the views of Transparency International or our staff.

The CPI is the leading measurement for public sector corruption worldwide. Because it combines many different manifestations of corruption into one globally comparable indicator, it provides a more comprehensive picture of the situation in a particular country than each source taken separately. The process for calculating the CPI is regularly reviewed to make sure it is as robust and coherent as possible. This was done most recently by the European Commission’s Joint Research Centre in 2017.

What is the difference between a country/territory’s rank and its score?  A country’s score is the perceived level of public sector corruption on a scale of 0-100, where 0 means highly corrupt and 100 means very clean.  A country's rank is its position relative to the other countries in the index. Ranks can change merely if the number of countries included in the index changes.  The rank is therefore not as important as the score in terms of indicating the level of corruption in that country.  What does it mean if my country’s score has gone up or down?

Small fluctuations or changes in a country’s CPI score are not usually significant, which is why every year in the full table of results [.xlsx], we mark all those countries that have undergone a “statistically significant” change. This is a change which is reflected in a majority of the CPI’s underlying data sources. When only a few data sources register a change, this means that it is not yet clear whether public sector corruption has gone up or down in that country.”

OFAC Makes Changes To Licensing Portal- Easier To Request "Interpretive Guidance"

Important Announcement for Users of OFAC’s License Application Portal.

To improve your experience with the license application process, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) has updated its License Application Portal.

In addition to the current application process, the License Application Portal now features an option to establish an account to submit requests for specific licenses or interpretive guidance, or submit reports required by some specific licenses. By registering for an account, applicants will be able to save and return to an application in progress; view a list of their applications and the associated case statuses in a single dashboard; save frequently used contacts for easier data entry; replicate an application; and more. For added security, establishing and accessing an account requires identity verification through ID.me.

Please note that registering for an account is not required to submit an application for a specific license or interpretive guidance. The option to create an account is in addition to the current application process. All applicants may check their application status using their Case ID.

For questions about submitting an application using an account, please contact OFAC’s Licensing Division at (202) 622-2480.

For more information on this specific action, please visit our Recent Actions page.

Launch of OFAC's File Finder Application

Today, OFAC launched its new File Finder application for use on the OFAC website. This browser-based application allows users to search through and efficiently navigate all of OFAC's website content. Putting the user in control, File Finder searches all static content on OFAC's website (PDF documents, word documents, etc.) by document title, document type, and the contents of each document. Searchable content typically includes general licensees, federal register notices, executive orders (and other legal documents), press charts, advisories, specific guidance, as well as many other records. For technical assistance, or if you would like to provide feedback on OFAC's new File Finder application, please contact the OFAC technical support team at O_F_A_C@treasury.gov. For more information on this specific action, please visit our Recent Actions page.

Western Union Reported To Suspend (Again) Currency Delivery Services From United States To Cuba. Will It Seek Another Partner In Cuba? Will Cuba Provide Another Partner In Cuba?

Denver, Colorado-based Western Union Company (2024 revenue approximately US$4.2 billion) has reportedly suspended currency delivery service from the United States to the Republic of Cuba. The company has not published a statement on its Internet site.   

Western Union Statement by email: “We understand our services are critical to providing daily needs for so many living in Cuba. As a global company, we are also required to adhere to the laws and regulations established in the countries we operate in. Due to a change in U.S. sanctions regulations, Western Union is forced to indefinitely suspend its money transfer service between the US and the island, effective immediately. As of this time, there is no timeline for when or if our service will resume. “We are actively working with customers that have active money transfers in our network to provide a refund on the full amount of their transaction. We sincerely apologize to our customers for the inconvenience.”

Links To Related Analyses 

Updated Cuba Restricted (CRL) List Published By United State Department Of State February 06, 2025

Trump Administration Adds Orbit S.A. To Cuba Restricted List- Western Union Must Identify New Partner Or Again Suspend Remittances To Cuba. February 01, 2025

Western Union Resumes Services To Cuba. Continues Prohibition For Commercial Use. May 11, 2024

Arrest Of "Super Mule" In Tampa For Illegally Transporting US$100,000.00 To U.S. From Cuba Not Surprising… May Have Transported US$4.5 Million In Last Nine Months. February 07, 2024

Who Or What Is Delaying Western Union From Authorizing Commercial Transfers From U.S.-Cuba And From Cuba-U.S.? Biden? Diaz-Canel? MSME's Waiting With U.S.-Based Companies And Entrepreneurs April 22, 2023

Western Union Goes National For U.S. Transfers To Cuba.... When Will Cuba Permit U.S. Investment And Financing For MSMEs In Cuba? No Excuse For Delays.  March 03, 2023

Western Union Returns To The Cuba Marketplace; Initial Small Steps Should Lead To Vibrant Funds Transfer Opportunities For MSMEs In Cuba And For U.S. Companies And U.S. Investors January 11, 2023

Has Cuba Provided An Opportunity For Biden-Harris Administration To Renew Electronic Remittance Services? Orbit S.A. In Cuba Now Permitted To Engage. Can It Meet U.S. Conditions? A False-Flag? February 09, 2022

Cuba Could Resolve Western Union's Certified Claim By Waiving Four Months Of Electronic Remittance Transfer Fees. Biden Administration Should Support And Negotiate Certified Claims Settlement. September 17, 2021

If Western Union Ends Remittance Services To Cuba, That Means A Return Of “Mules On Steroids”- The Impact Could Cripple MIA November 16, 2020

Western Union Preparing To End Money Transfers To Cuba On 22 November 2020.... Will Cuba Permit It? November 13, 2020

Cuba Says Western Union's 407 Distribution Points Will Close; Western Union Not Giving Up- 2016 Seems So Long Ago... October 28, 2020

Delta Air Lines & Western Union Plus US$1.15 Million Could Be Keys To Resolving Certified Claims June 04, 2019

Government Of Cuba Response To Trump-Vance Administration Reinstatement Of Libertad Act Title III Lawsuit Statute

The Trump-Pence Administration (2017-2021) on 2 May 2019 made operational Title III of the Cuban Liberty and Democratic Solidarity Act of 1996 (known as “Libertad Act”). Title III authorizes lawsuits in United States District Courts against companies and individuals who are using a certified claim or non-certified claim where the owner of the certified claim or non-certified claim has not received compensation from the Republic of Cuba or from a third-party who is using (“trafficking”) the asset. 45 Lawsuits Filed (16 certified claimants & 29 non-certified claimants). LINK To Libertad Act Title III Lawsuit Filing Statistics

HAVANA, Cuba, Feb 2 (ACN) Statement by the Cuban Ministry of Foreign Affairs:

On January 31, 2025, Secretary of State Marco Rubio announced that he apprised U.S. Congress of the revocation of the ban on lawsuits being filed in U.S. courts under Title III of the Helms-Burton Act and the reinstatement of the List of Restricted Cuban Entities, with the addition of the Cuban remittance management enterprise Orbit, S.A., preventing entities or persons in the United States from carrying out transactions on pain of being fined and having their assets frozen.

These are not unexpected actions. They are just further steps to undo the positive, albeit belated, decisions announced by President Joseph Biden on January 14.

This announcement is also likely to precede other measures that the team in charge of the Cuba issue in this government has designed since 2017 to strengthen even more, gratuitously and irresponsibly, the siege laid to Cuba to create new and avoidable scenarios of deterioration and bilateral confrontation.

The goal of these measures is to intimidate foreign investors and prevent them from contributing to Cuba's economic development and to the well-being of the Cuban people through the express threat of being sued in U.S. courts. They also intend to close all sources of external income to the overall Cuban economy; to tamper criminally with the ability of all public and private economic actors to provide goods and services; and to further deteriorate the living standards of the population affected by the blockade and the additional measures imposed during Trump's first term, so as to upset and destabilize society and to try to achieve the often dreamed of but never accomplished purpose of overthrowing the Revolution for purposes of domination and chastisement.

Along with these actions come smear and disinformation campaigns concocted by a powerful machinery of manipulation in digital platforms to discredit Cuba and hold it responsible for the impact of the criminal measures of the U.S. government, so that the world and the people of Cuba do not recognize their executioners.

These are the same politicians who are driven by their commitment to reactionary families and special interest groups in the U.S. and Florida and benefit from the blockade of Cuba by sacrificing the well-being and even threatening the sustenance of the Cuban people. These politicians of today are the same ones behind dozens of additional measures to the blockade that came into effect between 2017 and 2021.

Since the passage of the Helms-Burton Act in 1996 and until 2019, all U.S. presidents, including Trump in the first two years of his previous term, have used executive powers to suspend the application of Title III every six months, aware that it contravenes International Law and the sovereignty of other States and that its application would generate insurmountable obstacles to the prospect that any claim made by Americans over properties legitimately nationalized at the triumph of the Revolution will be settled or any compensation being paid to them.

As a result, around 45 lawsuits have been filed in the courts since 2019, mainly against U.S. companies, which have been forced to spend money, time and energy to defend themselves against what experts deem a legal aberration with even unconstitutional overtones. Among the most significant is the extension of this policy to owners who were not U.S. citizens at the time of the nationalizations and whose alleged ownership has not been certified by anyone.

These measures have nothing to do with the national interest of the United States, or the wishes of a large part of the business community in that country to participate in the Cuban economy. On the contrary, it is linked to the desires of dictator Fulgencio Batista’s political heirs to reconquer Cuba.

It is proof of the corrupt nature of the U.S. government in general and, specifically, of its intention to asphyxiate the Cuban economy, cause harm to our people, and expect that we renounce the sovereign prerogatives whose conquest has cost so many years, efforts and lives.

With the reactivation of Title III, the application of the Helms-Burton Act is once again completed in its entirety, marked as it is by its extreme extraterritorial scope and for violating the norms and principles of International Law, contravening the rules of commerce and international economic relations and being harmful to the sovereignty of other States, mostly because its provisions affect companies and persons established therein. It has been broadly, consistently and almost unanimously rejected by the international community in the United Nations, specialized international bodies and regional organizations alike. Several countries have even enacted domestic laws to deal with the extraterritorial effects of this legislation.

The Government of Cuba reiterates the postulates of the Act on the Reaffirmation of Cuban Dignity and Sovereignty (Act No. 80) and recalls the decision of the Provincial People's Court of Havana on November 2, 1999 to declare the lawsuit against the Government of the United States for Human Damages admissible, sanctioning it to make reparations to and compensate the Cuban people with the amount of 181,100 billion dollars. Subsequently, on May 5, 2000, the Tribunal determined the Economic Damages caused to Cuba and dictated the payment of 121 billion dollars for damages.

Cuba has reiterated its willingness to find a solution to mutual claims and compensations. The Cuban nationalizations were in line with the law and strictly in accordance with both the Cuban Constitution and International Law. All nationalizations provided for fair and adequate compensation which the U.S. government refused to consider. Cuba reached and honored global compensation agreements with other nations that today invest in our country, such as Spain, Switzerland, Canada, the United Kingdom, Germany and France.

Likewise, the Cuban government denounces and holds the U.S. government responsible for the immediate consequences that the new measure will have throughout the country against the right of Cuban émigrés to send remittances to and help their relatives, who are already suffering too much because of an intensified siege caused by the unjust and fraudulent inclusion of Cuba on the list of alleged State sponsors of terrorism.

Cuba rejects these decisions strenuously, firmly and categorically. We consider them as a new hostile and arrogant act and condemn the disrespectful and slanderous language of the State Department's communiqué, full of lies in an attempt to justify the unjustifiable.

No one will be fooled by their false pretexts to try to justify these and any other future outrage. They will only succeed in reinforcing the isolation and universal rejection of the shameful abusive attitude of U.S. governments toward Cuba and its population.

We call on the international community to side with our people by putting a stop and denouncing this new and dangerous onslaught of aggression that has just begun.

The U.S. authorities might cause great harm with their murderous and cowardly plans and measures, but they will never achieve their main objective of bringing Cuba to its knees in order to subjugate it. Cuba shall overcome!

US Agricultural Commodity/Food Product Exports To Cuba In December 2024 Decrease 7.8%. For Year, Increased 26.5%. Humanitarian Donations Nearly Double 2023.

ECONOMIC EYE ON CUBA©
February 2025

December 2024 Ag/Food Exports To Cuba Decrease 7.8% - 1
48th Of 223 December 2024 U.S. Food/Ag Export Markets- 2
2024 To 2025 Exports Increase 26.5% - 2
Cuba Ranked 49th Of 224 U.S. Ag/Food Export Markets - 2
December 2024 Healthcare Product Exports US$0.00 - 2
2024 Healthcare Product Exports US$342,572.00-
December 2024 Humanitarian Donations US$6,489,230.00 - 3
2024 Humanitarian Donations US$67,828,087.00 -
Obama Administration Initiatives Exports Continue To Increase - 3
U.S. Port Export Data- 19

DECEMBER 2024 FOOD/AG EXPORTS TO CUBA DECREASE 7.8% - Exports of food products and agricultural commodities from the United States to the Republic of Cuba in December 2024 were US$41,700,049.00 compared to US$45,229,570.00 in December 2023 and US$39,393,828.00 in December 2022. 

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

US$586.5 Million U.S. Exports To Cuba In 2024: US$433.8 Million Commodities/Food Products, U$64.7 Million Vehicles, U$67.1 Million Donations

2024
Total Exports: US$586,499,825.00
Commodity/Food Product Exports: US$433,895,992.00
Vehicles: US$64,747,001.00
Donations: US$67,159,937.00

2023
Total Exports: US$404,375,085.00
Commodity/Food Product Exports: US$342,053,059.00
Vehicles: US$8,594,089.00
Donations: US$36,563,551.00

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.

Donations
2024- US$67,159,937.00
2023- US$36,563,551.00
2022- US$30,083,306.00
2021- US$11,074,090.00
2020- US$4,605,055.00
2019- US$7,150,989.00
2018- US$8,998,855.00
2017- US$6,122,601.00
2016- US$4,755,859.00
2015- US$4,619,588.00
2014- US$939,705.00

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

Updated Cuba Restricted (CRL) List Published By United State Department Of State

“The Department of State is publishing a List of Restricted Entities and Subentities Associated With Cuba (Cuba Restricted List) with which direct financial transactions are generally prohibited under the Cuban Assets Control Regulations (CACR).  The Department of Commerce’s Bureau of Industry and Security (BIS) generally will deny applications to export or reexport items for use by entities or subentities on the Cuba Restricted List” 

LINK TO COMPLETE LIST (6 February 2025)