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.
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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.
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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
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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.
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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
(305) 539-6000 Tel.
(305) 539-8101 Fax
By:_/s/ RANDY S. GINSBERG
RANDY S. GINSBERG
Fla. Bar No.: 185485
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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
(305) 539-6000 Tel.
(305) 539-8101 Fax
By:_/s/ RANDY S. GINSBERG
RANDY S. GINSBERG
Fla. Bar No.: 185485
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