Elisa Violeta Archibold v. Azamara Club Cruises, et al

Filing 1

NOTICE OF REMOVAL Filing fee $ 350.00 receipt number 113C-3796832, filed by Azamara Club Cruises, Celebrity Cruises Inc.. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B1, # 4 Exhibit B2, # 5 Exhibit C)(Ginsberg, Randy)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO:_________________________
ELISA VIOLETA ARCHIBOLD,
Plaintiff,
vs.
AZAMARA CLUB CRUISES and
CELEBRITY CRUISES, INC.
Defendant.
__________________________/
NOTICE OF REMOVAL
Defendant,
CRUISES,

AZAMARA

INC.,

CLUB

(“Defendant”),

CRUISES
by

and

and

CELEBRITY

through

its

undersigned counsel, hereby files this, its Notice of
Removal, pursuant to 28 U.S.C. §1441, et seq., and 9
U.S.C.

§202,

et

seq.,

and

respectfully

states

as

follows:
1.

This is an action by ELISA VIOLETA ARCHIBOLD

(“Plaintiff”), a seaman from Panama and former employee
of Defendant, who alleges she suffered an injury during
the course of her employment aboard the cruise ship
Quest.

CASE NO. _______________________

2.

At all times material to Plaintiff’s Complaint,

the terms of Plaintiff’s employment were governed by a
Sign

on

Employment

parties.

Agreement

(“SOEA”)

between

the

A copy of the applicable SOEA is attached

hereto as Exhibit “A.”
3.

The SOEA incorporates a Collective Bargaining

Agreement (“CBA”), attached hereto as Exhibit “B.”
4.

The CBA at Article 33, provides, in pertinent

part, as follows:
…all
grievances
including
those
referenced in Article 28 , and any
other dispute whatsoever, whether in
contract,
regulatory,
tort,
or
otherwise … shall be referred to an
resolved
exclusively
by
binding
arbitration pursuant to the United
Nations Conventions on Recognition and
Enforcement of Foreign Arbitral Awards
(New York 1958), 21 U.S.T. 2517, 300
UN.T.S.
5.
agreed

By signing the SOEA, Plaintiff acknowledged and
to

be

bound

by

its

terms

and

conditions

including those incorporated by referenced within the
CBA.

2

CASE NO. _______________________

6.

The

SOEA

and

incorporated

CBA

constitute

an

arbitration agreement falling under the Convention on
the

Recognition

and

Enforcement

of

Foreign

Arbitral

Awards (the “Convention”).
7.

9 U.S.C. §205 states:
Where the subject matter on an action or
proceeding pending in a State court
relates to an arbitration agreement or
award falling under the Convention, the
defendant or the defendants may, at any
time before the trial thereof, remove
such
action
or
proceedings
to
the
district court of the United States for
the district and division embracing the
place where the action or proceeding is
pending.

8.
the

Accordingly this suit is an action over which

United

States

District

Court

has

original

jurisdiction under the provisions of 9 U.S.C. § 202 et.
seq., and one that may be removed to federal court
under the provisions of 9 U.S.C. § 205, in that it is
an action arising under the laws of the United States
and relating to an arbitration agreement falling under
the Convention.

3

CASE NO. _______________________

9.

On or about April 15, 2011, Plaintiff served

RCCL with a Complaint in state court in the Eleventh
Circuit of Miami-Dade County, Florida, ELISA VIOLETA
ARCHIBOLD v. AZAMARA CLUB CRUISES and CELEBRITY CRUISES,
INC., Case No. 11-10119-CA-20. A copy of the Complaint
and all other pleadings, process, and orders in this
case are attached hereto as Exhibit “C,” pursuant to 28
U.S.C. §1446(a).
10. This suit is an action of which this court has
original jurisdiction under the provision of 9 U.S.C. §
202 et. seq., and one that may be removed to this court
under the provisions of 9 U.S.C. § 205, in that it is
an action arising under the laws of the United States
and relating to an arbitration agreement falling under
the

Convention.

The

grounds

for

removal

are

as

follows:
a)

There has been no trial of the state court

b)

ELISA VIOLETA ARCHIBOLD is a seaman from

action.

Panama.

Defendant is a foreign corporation, and the

4

CASE NO. _______________________

QUEST

is

a

vessel

registered

in

Marjuro,

Marshal

Islands.
c)

The

underlying

SOEA

and

CBA

requires

arbitration in countries which are signatory to the
Convention. Defendant stipulates to the application of
United States law in arbitration. Moreover, Defendant
stipulates

the

arbitration

shall

proceed

in

Miami,

Florida where Plaintiff’s attorney is located and the
venue in which Plaintiff filed her original action.
d)

Because the Agreement is between a foreign

corporation

and

a

foreign

seaman

and

because

the

Agreement provides for arbitration, this dispute falls
under the provisions of the Convention. See 9 U.S.C.
§202 et. seq.
11. Accordingly, this court has jurisdiction over
this action, and this case is removed to the United
States

District

Court,

Southern

District

of

Florida

pursuant to U.S.C. § 205.
12. Defendant files and presents herewith the sum
of $350.00 as required by 28 U.S.C. §1446.

5

CASE NO. _______________________

WHEREFORE,

Defendant,

AZAMARA

CLUB

CRUISES

and

CELEBRITY CRUISES, INC., moves this court for an order
that the action now pending against it in the Eleventh
Judicial

Circuit,

in

and

for

Miami-Dade

County,

described above, be removed to this Court and proceed
therein.
Dated: May 31, 2011
Respectfully submitted,
AZAMARA CLUB CRUISES and
CELEBRITY CRUISES, INC..
1050 Caribbean Way
Miami, Florida 33132
[phone] Tel.
[phone] Fax
By:_/s/ RANDY S. GINSBERG
RANDY S. GINSBERG
Fla. Bar No.: 185485

6

CASE NO. _______________________

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of
the foregoing was served via regular mail on May 31,
2011

to:

Brett

Rivkind,

Esq.,

RIVKIND

PEDRAZA

&

MARGULIES, P.A., Concord Building, Suite 600, 66 West
Flagler Street, Miami, Fl 33130
AZAMARA CLUB CRUISES and
CELEBRITY CRUISES, INC..
1050 Caribbean Way
Miami, Florida 33132
[phone] Tel.
[phone] Fax
By:_/s/ RANDY S. GINSBERG
RANDY S. GINSBERG
Fla. Bar No.: 185485

7