Case: Sanchez v. Carnival Corporation

1:16-cv-21319 | U.S. District Court for the Southern District of Florida

Filed Date: April 12, 2016

Closed Date: 2016

Clearinghouse coding complete

Case Summary

On April 12, 2016, two Cuban-born Americans filed this class action lawsuit in the U.S. District Court for the Southern District of Florida against Carnival Corporation and Fathom Travel Corporation. The plaintiffs sued under 42 U.S.C. §2000.

The plaintiffs alleged the defendants did not allow Cuban-born persons to board its cruise line to Cuba. The lawsuit alleges that this policy violated the Civil Rights Act of 1964 by refusing service based on national origin. The plaintiffs requested a jury trial for all issues and demanded the court enjoin the defendant’s conduct.

The case was assigned to Judge Marcia Cooke.

On April 28, 2016, the plaintiffs voluntarily dismissed the lawsuit after Carnival changed its discriminatory policies and began taking reservations from Cuban-born Americans on trips to Cuba. Cuba also changed its law to allow Cuban-Americans to arrive by ship.

This case is closed.

Summary Authors

Ginny Lee (1/26/2017)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4237874/parties/sanchez-v-carnival-corporation/


Judge(s)

Cooke, Marcia G. (Florida)

Attorneys(s) for Plaintiff

Lopez, Javier Asis (Florida)

Moncada, Stephanie (Florida)

Rodriguez, Robert William (Florida)

Tucker Ronzetti, Thomas A. (Florida)

Attorneys(s) for Defendant

Lapointe, Markenzy (Florida)

Singer, Stuart Harold (Florida)

Suarez, Luis Eduardo (Florida)

Zack, Stephen N (Florida)

Judge(s)

Cooke, Marcia G. (Florida)

Attorneys(s) for Plaintiff

Lopez, Javier Asis (Florida)

Moncada, Stephanie (Florida)

Rodriguez, Robert William (Florida)

Tucker Ronzetti, Thomas A. (Florida)

Attorneys(s) for Defendant

Lapointe, Markenzy (Florida)

Singer, Stuart Harold (Florida)

Suarez, Luis Eduardo (Florida)

Zack, Stephen N (Florida)

Documents in the Clearinghouse

Document

1:16-cv-21319

Docket [PACER]

May 3, 2016

May 3, 2016

Docket
1

1:16-cv-21319

Class Action Complaint

April 12, 2016

April 12, 2016

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4237874/sanchez-v-carnival-corporation/

Last updated Aug. 25, 2022, 3:22 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (Class Action) against All Defendants. Filing fees $ 400.00 receipt number 113C-8646982, filed by Amparo Sanchez, Francisco Marty. (Attachments: # 1 Civil Cover Sheet)(Lopez, Javier) (Entered: 04/12/2016)

1 Civil Cover Sheet

View on PACER

April 12, 2016

April 12, 2016

RECAP
2

Judge Assignment to Judge Marcia G. Cooke (lrz) (Entered: 04/13/2016)

April 12, 2016

April 12, 2016

PACER
3

Clerks Notice pursuant to 28 USC 636(c). Parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres is available to handle any or all proceedings in this case. If agreed, parties should complete and file the attached form. (lrz) (Entered: 04/13/2016)

April 12, 2016

April 12, 2016

PACER
4

NOTICE of Filing Proposed Summons(es) by Francisco Marty, Amparo Sanchez re 1 Complaint filed by Francisco Marty, Amparo Sanchez (Lopez, Javier) (Entered: 04/13/2016)

April 13, 2016

April 13, 2016

PACER
5

NOTICE of Filing Proposed Summons(es) by Francisco Marty, Amparo Sanchez re 1 Complaint filed by Francisco Marty, Amparo Sanchez (Lopez, Javier) (Entered: 04/13/2016)

April 13, 2016

April 13, 2016

PACER
6

Summons Issued as to Carnival Corporation, Fathom Travel Ltd. Corporation. (Attachments: # 1 Summon(s))(lk) (Entered: 04/14/2016)

1 Summon(s)

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April 14, 2016

April 14, 2016

PACER
7

Plaintiff's MOTION to Expedite Hearing on Their Motion for Preliminary Injunction by Francisco Marty, Amparo Sanchez. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Ronzetti, Thomas) (Entered: 04/18/2016)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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April 18, 2016

April 18, 2016

PACER
8

Plaintiff's MOTION for Preliminary Injunction and Incorporated Memorandum of Law by Francisco Marty, Amparo Sanchez. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Ronzetti, Thomas) (Entered: 04/18/2016)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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April 18, 2016

April 18, 2016

PACER
9

NOTICE of Attorney Appearance by Stuart Harold Singer on behalf of Carnival Corporation, Fathom Travel Ltd. Corporation. Attorney Stuart Harold Singer added to party Carnival Corporation(pty:dft), Attorney Stuart Harold Singer added to party Fathom Travel Ltd. Corporation(pty:dft). (Singer, Stuart) (Entered: 04/18/2016)

April 18, 2016

April 18, 2016

PACER
10

NOTICE of Attorney Appearance by Stephen N. Zack on behalf of Carnival Corporation. Attorney Stephen N. Zack added to party Carnival Corporation(pty:dft). (Zack, Stephen) (Entered: 04/18/2016)

April 18, 2016

April 18, 2016

PACER
11

NOTICE of Attorney Appearance by Luis Eduardo Suarez on behalf of Carnival Corporation. Attorney Luis Eduardo Suarez added to party Carnival Corporation(pty:dft). (Suarez, Luis) (Entered: 04/18/2016)

April 18, 2016

April 18, 2016

PACER
12

NOTICE of Attorney Appearance by Markenzy Lapointe on behalf of Carnival Corporation. Attorney Markenzy Lapointe added to party Carnival Corporation(pty:dft). (Lapointe, Markenzy) (Entered: 04/18/2016)

April 18, 2016

April 18, 2016

PACER
13

Clerks Notice to Filer re 10 Notice of Attorney Appearance. Attorney Did Not Associate Themselves to All Applicable Parties; ERROR - Filing attorney neglected to associate themselves to all applicable defendants. The Clerk has added the attorney to the defendants. It is not necessary to refile this document. (asl) (Entered: 04/18/2016)

April 18, 2016

April 18, 2016

PACER
14

NOTICE OF WITHDRAWAL OF MOTION by Francisco Marty, Amparo Sanchez re 7 Plaintiff's MOTION to Expedite Hearing on Their Motion for Preliminary Injunction filed by Francisco Marty, Amparo Sanchez (Attachments: # 1 Exhibit) (Ronzetti, Thomas) (Entered: 04/18/2016)

1 Exhibit

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April 18, 2016

April 18, 2016

PACER
15

Corporate Disclosure Statement by Carnival Corporation, Fathom Travel Ltd. Corporation (Singer, Stuart) (Entered: 04/18/2016)

April 18, 2016

April 18, 2016

PACER
16

NOTICE of Attorney Appearance by Stephen N. Zack on behalf of Fathom Travel Ltd. Corporation (Zack, Stephen) (Entered: 04/18/2016)

April 18, 2016

April 18, 2016

PACER
17

NOTICE of Attorney Appearance by Luis Eduardo Suarez on behalf of Fathom Travel Ltd. Corporation. Attorney Luis Eduardo Suarez added to party Fathom Travel Ltd. Corporation(pty:dft). (Suarez, Luis) (Entered: 04/18/2016)

April 18, 2016

April 18, 2016

PACER
18

NOTICE of Attorney Appearance by Markenzy Lapointe on behalf of Fathom Travel Ltd. Corporation. Attorney Markenzy Lapointe added to party Fathom Travel Ltd. Corporation(pty:dft). (Lapointe, Markenzy) (Entered: 04/18/2016)

April 18, 2016

April 18, 2016

PACER
19

ENDORSED ORDER Setting Status Conference: Parties shall appear for a status conference on April 21, 2016 at 11:30 AM in the Miami Division before Judge Marcia G. Cooke. Signed by Judge Marcia G. Cooke on 4/19/2016. (abi) (Entered: 04/19/2016)

April 19, 2016

April 19, 2016

PACER
20

NOTICE by Francisco Marty, Amparo Sanchez of Filing Evidence of Defendants' Ongoing Discrimination (Attachments: # 1 Exhibit Declaration of Michael Lorigas, # 2 Exhibit Declaration of Andres Andres, # 3 Exhibit Settlement Agreement between United States and Carnival) (Ronzetti, Thomas) (Entered: 04/20/2016)

1 Exhibit Declaration of Michael Lorigas

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2 Exhibit Declaration of Andres Andres

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3 Exhibit Settlement Agreement between United States and Carnival

View on PACER

April 20, 2016

April 20, 2016

PACER
21

ENDORSED ORDER Requiring Supplemental Briefing: Parties shall submit briefing, not to exceed ten (10) pages in length, on or before April 29, 2016, regarding this Court's subject matter jurisdiction over this action. Specifically, parties shall focus on Plaintiffs' standing to bring an action for injunctive relief. Signed by Judge Marcia G. Cooke on 4/21/2016. (abi) (Entered: 04/21/2016)

April 21, 2016

April 21, 2016

PACER
23

Paperless Minute Entry for proceedings held before Judge Marcia G. Cooke: Status Conference held on 4/21/2016. Court Reporter: Gizella Baan−Proulx, 305−523−5294 / Gizella_Baan−Proulx@flsd.uscourts.gov (im) (Entered: 04/27/2016)

April 21, 2016

April 21, 2016

24

NOTICE of Voluntary Dismissal Due to the End of Carnival's Discrimatory Policy by Francisco Marty, Amparo Sanchez (Ronzetti, Thomas) (Entered: 04/28/2016)

April 28, 2016

April 28, 2016

25

NOTICE of Voluntary Dismissal Due to the End of Carnival's Discriminatory Policy by Francisco Marty, Amparo Sanchez (Ronzetti, Thomas) (Entered: 04/28/2016)

April 28, 2016

April 28, 2016

26

ORDER DISMISSING CASE per 25 Plaintiff's Notice of Voluntary Dismissal Due to the End of Carnival's Discriminatory Policy. CASE CLOSED. Signed by Judge Marcia G. Cooke on 4/28/2016. (abi) (Entered: 04/28/2016)

April 28, 2016

April 28, 2016

27

TRANSCRIPT of status conference held on 4−21−2016 before Judge Marcia G. Cooke, 1−44 pages, Court Reporter: Gizella Baan−Proulx, 305−523−5294 / Gizella_Baan−Proulx@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/27/2016. Redacted Transcript Deadline set for 6/6/2016. Release of Transcript Restriction set for 8/4/2016. (gbx) (Entered: 05/03/2016)

May 3, 2016

May 3, 2016

22

NOTICE by Carnival Corporation, Fathom Travel Ltd. Corporation (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Singer, Stuart) (Entered: 04/22/2016)

1 Exhibit A

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2 Exhibit B

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April 22, 2016

April 22, 2016

PACER

Case Details

State / Territory: Florida

Case Type(s):

Public Accommodations/Contracting

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 12, 2016

Closing Date: 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The plaintiffs are Cuban-born Americans who were denied a ticket to Cuba.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Unknown

Defendants

Carnival Corporation, Private Entity/Person

Defendant Type(s):

Transportation

Case Details

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Discrimination Prohibition

Issues

General:

Transportation

Discrimination-basis:

National origin discrimination

Race:

Race, unspecified

Type of Facility:

Non-government for-profit