United States District Court, S.D. Florida
F. Elayan-Martinez, Stephanie Anne Casey, Zachary Andrew
Lipshultz, Roberto Martinez, Colson Hicks Eidson, Coral
Gables, FL, for Plaintiff.
Paige Pegg, Richard C. Lorenzo, Hogan Lovells U.S. LLP,
Miami, FL, for Defendant.
ON MOTION TO DISMISS
BLOOM, UNITED STATES DISTRICT JUDGE.
CAUSE is before the Court upon Defendant Norwegian
Cruise Line Holdings, Ltd.'s ("Norwegian" or
"Defendant") Motion to Dismiss, ECF No. 
("Motion"). Plaintiff Havana Docks Corporation
("Havana Docks" or "Plaintiff") filed a
response, ECF No.  ("Response"), to which
Defendant filed a reply, ECF No.  ("Reply").
The Court has carefully considered the Motion, the Response
and Reply, the record in this case and the applicable law,
and is otherwise fully advised. For the reasons that follow,
the Motion is granted.
August 27, 2019, Havana Docks filed this action against
Defendant pursuant to Title III of the Cuban Liberty and
Democratic Solidarity Act (the "LIBERTAD Act" or
"Act"). ECF No.  ("Complaint").
"One of the LIBERTAD Act's purposes is to `protect
United States nationals against confiscatory takings and the
wrongful trafficking in property confiscated by the Castro
Regime.'" Id. ¶ 6 (citing 22 U.S.C.
is a United States national as defined by 22 U.S.C. §
6023(15). Id. ¶ 7. In the Complaint, Plaintiff
alleges that it is the rightful owner of an interest in, and
claim to, certain commercial waterfront real property in the
Port of Havana, Cuba, identified as the Havana Cruise Port
Terminal ("Subject Property"). Id.
Plaintiff claims that it owned the Subject Property until the
Cuban Government confiscated it in 1960. Id.
¶¶ 8. Plaintiff further alleges that since its
confiscation, the Subject Property has not been returned and
adequate and effective compensation has not been provided.
Id. ¶ 10. Plaintiff's ownership interest in
and claim to the Subject Property has been certified by the
Foreign Claims Settlement Commission ("Commission")
under the International Claim Settlement Act of 1949.
Id. ¶ 12.
to the Complaint, beginning on or about March 2017 and
continuing for at least two years thereafter, Norwegian
"knowingly and intentionally commenced, conducted, and
promoted its commercial cruise line business to Cuba using
the Subject Property by regularly embarking and disembarking
its passengers on the Subject Property without the
authorization of Plaintiff or any U.S. national who holds a
claim to the Subject Property." Id. ¶ 13.
At that time, Defendant is alleged to have participated in,
and profited from, the Cuban Government's possession of
the Subject Property without Plaintiff's authorization.
Id. ¶ 14. Plaintiff claims that Norwegian's
knowing and intentional conduct relating to the Subject
Property is "trafficking" as defined in 22 U.S.C.
§ 6023(13)(A), and Defendant is liable to Plaintiff for
all money damages allowed by statute. Id.
has now moved to dismiss the Complaint under Rule 12(b)(6).
pleading in a civil action must contain "a short and
plain statement of the claim showing that the pleader is
entitled to relief." Fed.R.Civ.P. 8(a)(2). Although a
complaint "does not need detailed factual
allegations," it must provide "more than labels and
conclusions, and a formulaic recitation of the elements of a
cause of action will not do." Bell Atl. Corp. v.
Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d
929 (2007); see Ashcroft v. Iqbal, 556 U.S. 662,
678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (explaining that
Rule 8(a)(2)'s pleading standard "demands more than
an unadorned, the-defendant-unlawfully-harmed-me
accusation"). Nor can a complaint rest on "`naked
assertion[s]' devoid of `further factual
enhancement.'" Iqbal, 556 U.S. at 678, 129
S.Ct. 1937 (quoting Twombly, 550 U.S. at 557, 127
S.Ct. 1955 (alteration in original)). "[A] complaint
must contain sufficient factual matter, accepted as true, to
`state a claim to relief that is plausible on its
face.'" Id. (quoting Twombly, 550
U.S. at 570, 127 S.Ct. 1955).
reviewing a motion to dismiss, a court, as a general rule,
must accept the plaintiff's allegations as true and
evaluate all plausible inferences derived from those facts in
favor of the plaintiff. See Chaparro v. Carnival
Corp.,693 F.3d 1333, 1337 (11th Cir. 2012);
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