Chin Cubillas v. Royal Caribbean Cruises Ltd.

Filing 1

NOTICE OF REMOVAL Filing fee $ 350.00 receipt number 113C-3816824, filed by Royal Caribbean Cruises Ltd.. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Quick, John)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO:_________________________
ABDIEL CHIN CUBILLAS,
Plaintiff,
vs.
ROYAL CARIBBEAN CRUISES LTD.,
Defendant.
________________________________________/
NOTICE OF REMOVAL
Defendant, Royal Caribbean Cruises, Ltd., (“RCCL”), by and 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 Abdiel Chin Cubillas (“Plaintiff”), a seaman from Panama

and former employee of RCCL, who alleges he suffered an injury during the course of his
employment aboard the Freedom of the Seas and/or the Independence of the Seas in or about
January 2009.
2.

At all times material to Plaintiff’s Complaint, the terms of Plaintiff’s employment

were governed by a Sign on Employment Agreement (“SOEA”) between the parties. A copy of
the applicable SOEA is attached hereto as Exhibit “A.”
3.

The SOEA also incorporates a Collective Bargaining Agreement (“CBA”)

attached hereto as Exhibit “B.”
4.

The CBA at Article 36(A), provides, in pertinent part, as follows:
…[A]ll grievances and any other dispute whatsoever, whether in
contract, regulatory, tort, or otherwise, including constitutional,

CASE NO. _______________________
statutory, common law, admiralty, intentional tort and equitable
claims, relating to or in any way connected with the Seafarer’s
service for the Owner/Company, including but not limited to
claims for personal injury/disability or death, no matter how
described, pleaded, or styled, and whether asserted against the
Owner/Company, Master, Employer, Ship Owner, vessel or vessel
operator, shall be referred to and resolved exclusively by
mandatory 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. (“The
Convention”).
5.

By signing the SOEA, Plaintiff acknowledged and agreed to be bound by its terms

and conditions including those incorporated by referenced within the CBA.
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.

Accordingly this suit is an action over which the 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.
9.

On or about May 12, 2011, Plaintiff served RCCL with a Complaint in state court

in the Eleventh Circuit of Miami-Dade County, Florida, Abdiel Chin Cubillas v. Royal
Caribbean Cruises Ltd., Case No. 11-13354 CA 09. A copy of the Complaint and all other

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CASE NO. _______________________
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 action.

b)

Plaintiff is a seaman from Panama. RCCL is a foreign corporation, and

the Freedom of the Seas and the Independence of the Seas are vessels registered in the Bahamas.
c)

The underlying Sign on Employment Agreement and CBA requires

arbitration as all possible venues for the arbitration are signatories to the Convention.
d)

RCCL stipulates to the application of United States law in arbitration.

e)

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.

RCCL files and presents herewith the sum of $350.00 as required by 28 U.S.C.

§1446.
WHEREFORE, Defendant, Royal Caribbean Cruises, Ltd., moves this court for an order

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CASE NO. _______________________
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.
Respectfully submitted,
ROYAL CARIBBEAN CRUISES LTD.
1050 Caribbean Way
Miami, Florida 33132
[phone] Tel./[phone] Fax
By:_/s/ John J. Quick
JOHN J. QUICK
Fla. Bar No.: 648418

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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 June 7, 2011, to Brett Rivkind, Esq., Rivkind, Pedraza & Margulies, P.A., Suite
600, Concord Building, 66 West Flagler Street, Miami, Florida 33130.
By:_/s/ John J. Quick
JOHN J. QUICK
Fla. Bar No.: 648418

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