Simone Lazarus v. Princess Cruise Lines, Ltd.

Filing 1

NOTICE OF REMOVAL Filing fee $ 350.00 receipt number 113C-3941929, filed by Princess Cruise Lines, Ltd.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Civil Cover Sheet Exhibit 4, # 5 Exhibit 5, # 6 Summon(s) Exhibit 6)(Holman, Steve)

IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
MIAMI-DADE DIVISION
CASE NO.: ______________ CIV - _____________________
MAGISTRATE JUDGE - __________________________
SIMONE LAZARUS,
Plaintiff,
v.
PRINCESS CRUISE LINES, LTD. (CORP),
Defendant.
________________________________________/
DEFENDANTS’ NOTICE OF REMOVAL OF CIVIL ACTION
PURSUANT TO RULE 9 U.S.C. § 205 AND 28 U.S.C. §1441
Defendant, Princess Cruise Lines, Ltd. (“Princess”), for the purpose of removing this
cause from the Circuit Court of the 11th Judicial Circuit in and for Miami-Dade County, Florida,
to the United States District Court of the Southern District of Florida, with full reservation of
rights, exceptions and defenses, respectfully represents:
1.

Plaintiff, Simone Lazarus (“Plaintiff”), is a citizen of South Africa. A copy of

Plaintiff’s Visa reflecting nationality is attached hereto as Exhibit “1”.
2.

Princess is a Bermuda corporation with its principal place of business and base of

operations located in Santa Clarita, California.

The vessel on which Plaintiff was a crew

member, the Ruby Princess is a cruise ship registered and flagged in Bermuda at the time of
Plaintiff’s purported injury.
3.

On August 16, 2008, Plaintiff entered into an individual contract of employment

with Princess that contains an arbitration clause. A copy of that agreement is attached hereto as
MALTZMAN & PARTNERS, P.A., 121 Alhambra Plaza, Coral Gables, FL 33134, Tel: [phone] / Fax: [phone]

Exhibit “2”. By executing an Acceptance of the Principal Term of Employment, Plaintiff is
governed by the terms and conditions contained within “Princess Cruises Principal Terms of
Employment Princess Cruise Lines, Ltd.” A copy of the Principal Terms and Conditions of
Employment is attached hereto as Exhibit “3”. Article 14 of the Terms and Conditions is entitled
“Governing Law, Arbitration and Venue” and states as follows:
THE COMPANY AND THE CREW MEMBER AGREE THAT ANY AND
ALL DISPUTES, CLAIMS, OR CONTROVERSIES WHATSOEVER
(WHETHER IN CONTRACT, REGULATORY, TORT OR OTHERWISE AND
WHETHER PRE-EXISTING, PRESENT OR FUTURE AND INCLUDING
CONSTITUTIONAL, STATUTORY, COMMON LAW, ADMIRALTY,
INTENTIONAL TORT AND EQUITABLE CLAIMS) RELATING TO OR IN
ANY WAY ARISING OUT OF OR CONNECTED WITH THE CREW
AGREEMENT, THESE TERMS, OR SERVICES PERFORMED FOR THE
COMPANY, INCLUDING BUT NOT LIMITED TO WAGE AND BENEFIT
MATTERS, EMPLOYMENT APPLICATIONS, WRONGFUL TERMINATION
OR DISCRIMINATION CLAIMS, PROPERTY LOSS OR DAMAGE,
PERSONAL INJURY, DEATH OR ANY OTHER CLAIM, NO MATTER HOW
DESCRIBED, PLEADED OR STYLED (COLLECTIVELY “DISPUTES”),
BETWEEN THE CREW MEMBER AND THE COMPANY OR OTHERS,
INCLUDING AGAINST THE MASTER, SHIPOWNER, VESSEL, VESSEL
OPERATOR, CHARTERER, OR ANY OTHER THIRD PARTY, INCLUDING
ALSO, BUT NOT LIMITED TO, PRINCESS CRUISES, P&O CRUISES
AUSTRALIA, AND CUNARD LINE, SHALL BE REFERRED TO AND
RESOLVED EXCLUSIVELY BY BINDING ARBITRATION PURSUANT TO
THE UNITED NATIONS CONVENTION ON THE RECOGNITION AND
ENFORCEMENT OF FOREIGN ARBITRAL AWARDS (NEW YORK 1958),
21 U.S.T. 2517, 330 U.N.T.S 3 1970 U.S.T. LEXIS 115 (“THE
CONVENTION”), IN HAMILTON BERMUDA, TO THE EXCLUSION OF
ANY OTHER FORA, IN ACCORDANCE WITH THE BERMUDA
INTERNATIONAL CONCILIATION AND ARBITRATION ACT 1993 AND
THE UNCITRAL ARBITRAL RULES AS AT PRESENT IN FORCE, ALL OF
WHICH ARE DEEMED TO BE INCORPORATED HEREIN BY REFERENCE
INTO THIS PROVISION.
See Exhibit “3”.
4.

Plaintiff alleges that in March 2009, she suffered problems with her vision while

working aboard the Ruby Princess. She also alleges the medical staff failed to timely and
adequately treat her condition. On or about July 1, 2011, Plaintiff filed suit in the Circuit Court
MALTZMAN & PARTNERS, P.A., 121 Alhambra Plaza, Coral Gables, FL 33134, Tel: [phone] / Fax: [phone]

for the 11th Judicial Circuit in and for Miami-Dade County, Florida. The action was originally
entitled Simone Lazarus v. Princess Cruise Lines, Ltd. (CORP), case number 11-20566 CA 31.
Plaintiff alleged Jones Act Negligence, Unseaworthiness, Failure to Provide Maintenance and
Cure, Failure to Treat, and Wages and Penalties – 46 USC 10313.
5.

Plaintiff’s claim is one arising out of her employment. Pursuant to the terms and

conditions of Plaintiff’s employment contract, the parties are mandated to submit the dispute to
arbitration in Bermuda. Accordingly, both at the time the suit was instituted and at the time of
the present removal, this dispute is subject to mandatory arbitration in Bermuda.
6.

The foreign arbitration mandated between Plaintiff and Princess is subject to the

provisions of The Convention of the Recognition and Enforcement of Foreign Arbitral Awards
on June 10, 1958 (hereinafter the “Convention”), and therefore the Convention and its enabling
legislation are controlling pursuant to 9 U.S.C. §201 et seq.
7.

Both the United States and South Africa are signatories to the Convention.

8.

Accordingly, this Court has subject matter jurisdiction by virtue of 28 U.S.C

§1331, 28 U.S.C. §1333, and 9 U.S.C. §202 et al.
9.

This Court has removal jurisdiction pursuant to 9 U.S.C. §202 et al. and, to the

extent applicable, 28 U.S.C. §1441. See 9 U.S.C. § 205 (“Where the subject matter of an action
… pending in a State court relates to an arbitration agreement … under the Convention, the
defendant … may … remove such action….”)); see also Bautista v. Star Cruises, 396 F.3d 1289,
1292-93 (11th Cir. 2005)(affirming removal under the Convention and compelling arbitration);
Sorica v. Princess Cruise Lines, Ltd., 2009 U.S. Dist. LEXIS 127433, at *4-6 (S.D. Fla. Aug. 4,
2009)(same).

MALTZMAN & PARTNERS, P.A., 121 Alhambra Plaza, Coral Gables, FL 33134, Tel: [phone] / Fax: [phone]

10.

Princess’ Notice of Removal is timely and properly filed pursuant to 9 U.S.C.

§202 – §205 which allows removal at any time before trial of such claims.
11.

Upon filing of this Notice of Removal, Princess will promptly give written notice

thereof to Plaintiff, through her attorneys of record, and the Clerk of the Circuit Court for the
11th Judicial Circuit in and for Miami-Dade County, Florida. See Notice filed with the State
Court attached hereto as Exhibit “4”.
WHEREFORE, Defendant, Princess Cruise Lines, Ltd., respectfully moves that the
Notice of Removal be accepted as good and sufficient as required by law, and that the aforesaid
action, case number 11-20566 CA 31 on the docket of the Court for the 11th Judicial Circuit in
and for Miami-Dade County, Florida, be removed from that Court to the United State District
Court for the Southern District of Florida, and that this Court assume full and complete
jurisdiction thereof and issue all necessary orders and grant all general equitable relief to which
Princess Cruise Lines, Ltd. is entitled.
Respectfully submitted,
MALTZMAN & PARTNERS, P.A.
Attorneys for Defendant
121 Alhambra Plaza
Suite 1500
Coral Gables, Florida 33134
Tel: [phone]
Fax: [phone]

BY:

/s/ Steve Holman_________
JEFFREY B. MALTZMAN
Florida Bar No. 0048860
STEVE HOLMAN
Florida Bar No. 0547840

MALTZMAN & PARTNERS, P.A., 121 Alhambra Plaza, Coral Gables, FL 33134, Tel: [phone] / Fax: [phone]

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been sent via
facsimile and First Class U.S. mail to: Tonya J. Meister, Esq. MEISTER LAW, LLC,
Courthouse Tower, Suite 750, 44 West Flagler Street, Miami, FL 33130 on this 26th day of July
2011.
MALTZMAN & PARTNERS, P.A.
Attorneys for Defendant
121 Alhambra Plaza
Suite 1500
Coral Gables, Florida 33134
Tel: [phone]
Fax: [phone]

BY:

/s/ Steve Holman_________
JEFFREY B. MALTZMAN
Florida Bar No. 0048860
STEVE HOLMAN
Florida Bar No. 0547840

MALTZMAN & PARTNERS, P.A., 121 Alhambra Plaza, Coral Gables, FL 33134, Tel: [phone] / Fax: [phone]