After 27 Months, European Commission (EC) And Iberostar Hoteles Of Spain Efforts That Delay Libertad Act Court Proceedings Are Now Running On Fumes
/After twenty-seven (27) months of delay, while other lawsuits that include European Union (EU)-based defendants in Libertad Act Title III lawsuits filed in the United States have proceeded, the comity governing court proceedings in the United States when impacted by other country statutes (or in this instance EU policy) will likely soon end as plaintiffs file motion with Court that their rights to a trial have been deliberately delayed.
MARIA DOLORES CANTO MARTI, AS PERSONAL REPRESENTATIVE OF THE ESTATES OF DOLORES MARTI MERCADE AND FERNANDO CANTO BORY V. IBEROSTAR HOTELES Y APARTAMENTOS SL [1:20-cv-20078; Southern Florida District; 21-11906 11th Circuit Court of Appeals]
Zumpano Patricios P.A. (plaintiff)
Bird & Bird (defendant)
Holland & Knight (defendant)
Defendant’s Status Report (7/11/22)
Defendant’s Status Report (6/10/22)
Defendant’s Status Report (5/26/20)
Status Report On Service Of Process (4/7/20)
Excerpts:
“Defendant IBEROSTAR HOTELES Y APARTAMENTOS, S.L.U. (“Iberostar”) submits1 this status report pursuant to this Court’s Order Granting Defendant’s Motion to Stay Proceedings dated April 24, 2020 (D.E. 17), directing Defendant to submit status reports every 30 days on its request for authorization to the European Union Commission. Defendant states as follows: 1. Since the last update filed on June 10, 2022, Iberostar continues to await a decision on its application for authorization to the European Commission to respond to the Complaint in this action which was filed with the European Commission on April 15, 2020 (the “Application”). Defendant’s Motion to Stay, ¶ 2. (D.E. 16).”
“We have not received additional information from the Commission on this matter. Defendant is attempting to obtain information from the Commission on the current status, and will keep this Court duly apprised of any further developments regarding the request for authorization from theEuropean Commission.”
The Trump-Pence Administration (2017-2021) on 2 May 2019 made operational Title III of the Cuban Liberty and Democratic Solidarity Act of 1996 (known as “Libertad Act”).
Title III authorizes lawsuits in United States District Courts against companies and individuals who are using a certified claim or non-certified claim where the owner of the certified claim or non-certified claim has not received compensation from the Republic of Cuba or from a third-party who is using (“trafficking”) the asset.
Title IV restricts entry into the United States by individuals who have connectivity to unresolved certified claims or non-certified claims. One Canada-based company and one Spain-based company are currently known to be subject to this provision based upon a certified claim and non-certified claim.
