JONES v. FC USA, INC. et al

Filing 28

ORDER THAT DEFENDANT FLIGHT CENTRE TRAVEL GROUP (USA) INC'S MOTION TO DISMISS IS GRANTED ON FORUM NON CONVENIENS GROUNDS AND DEFENDANTS AMRESORTS LP AND AMR GP HOLDINGS LLC'S MOTION TO DISMISS IS GRANTED ON FORUM NON CONVENIENS GROUNDS ON CONDITION THAT DEFENDANTS AGREE TO WAIVE ANY DEFENSES THAT PLAINTIFF'S CLAIMS ARE BARRED UNDER THE DOMINICAN REPUBLIC'S STATUTE OF LIMITATIONS. SIGNED BY HONORABLE JAN E. DUBOIS ON 11/13/17. 11/14/17 ENTERED AND COPIES E-MAILED.(mbh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
SHANNON JONES,

CIVIL ACTION
Plaintiff,

v.
FC USA, INC., doing business as
“LIBERTY TRAVEL,”
AMR GP HOLDINGS, LLC, and
AMRESORTS, L.P., doing business as
“BREATHLESS PUNTA CANA RESORT
AND SPA,”
Defendants.

NO. 17-1126

ORDER
AND NOW, this 13th day of November, 2017, upon consideration of Defendant Flight
Centre Travel Group (USA) Inc. f/n/a FC USA, Inc. d/b/a/ Liberty Travel’s Motion to Dismiss
(Doc. No. 14, filed June 26, 2017), Defendants AMResorts, L.P. and AMR GP Holdings, LLC’s
Motion to Dismiss for Forum Non Conveniens and/or to Dismiss Pursuant to Fed. R. Civ. P.
12(b)(6) (Doc. No. 15, filed June 27, 2017), Plaintiff’s Brief in Opposition to Defendant FC
USA, Inc. d/b/a Liberty Travel’s Motion to Dismiss (Doc. No. 19, filed July 26, 2017),
Plaintiff’s Brief in Opposition to Defendant AMR GP Holdings, LLC and AMResorts, L.P. d/b/a
Breathless Punta Cana Resort and Spa’s Motion to Dismiss (Doc. No. 20, filed July 27, 2017),
and Reply in Support of Defendants AMResorts, L.P. and AMR GP Holdings, LLC’s Motion to
Dismiss for Forum Non Conveniens and/or to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) (Doc.
No. 23, filed Aug. 15, 2017), for the reasons set forth in the accompanying Memorandum dated
November XX, 2017, IT IS ORDERED that Defendant Flight Centre Travel Group (USA) Inc.
f/n/a FC USA, Inc. d/b/a/ Liberty Travel’s Motion to Dismiss is GRANTED on forum non
conveniens grounds and Defendants AMResorts, L.P. and AMR GP Holdings, LLC’s Motion to

Dismiss is GRANTED on forum non conveniens grounds on condition that defendants agree to
waive any defenses that plaintiff’s claims are time barred under the Dominican Republic’s
statute of limitations. The dismissal is WITHOUT PREJUDICE to plaintiff’s right to initiate a
suit in the Dominican Republic within six (6) months. If additional time for initiating suit in the
Dominican Republic is required, it must be requested by letter to Chambers, within six (6)
months, stating reasons for the requested extension.
IT IS FURTHER ORDERED that, on or before Monday, November 20, 2017, each
defendant shall file and serve a waiver of any defenses that plaintiff’s claims are time barred
under the Dominican Republic’s statute of limitations. If both defendants do not waive the
statute of limitations defenses, this Order, and the accompanying Memorandum, SHALL BE
VACATED, and the Court will address the remaining issues raised in the motions to dismiss.

BY THE COURT:
/s/ Hon. Jan E. DuBois
DuBOIS, JAN E., J.

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