UNITED STATES DISTRICT i

;QURT

 

SOUTHERN DISTRICT O1; FLE3ZIBA~

Miami Divisio

n

Case No

 

Alberto Justo Rodriguez Licea, FernandoAlonso Hernandez, and Luis Alberto Casanova

Toledo,

CIV KIN

G

JURY TRIAL DEMANDE

D

Plaintiffs

 

V

 

Curacao Drydock Company,

Inc

., afk/a

Curacaose

Dokmaatschappij

NV, a/k/a

CDMNV

 

Defendant

 

AM c

CARa

t

COMPLAINTINTRODUCTIO

N

I

 This case conce

rn

s a conspiracy realized between the government of Cuba andthe Defendant in this case

 

Curacao D

ry

dock Company, Inc

. ( Curacao

Drydock Company ),

a ship repair comp

an

y

 

to force Cub

an

citizens to travel to d

ry

dock facilities

owned by the

Defendant in Curacao

 

to hold them in captivity there

 

and to force them to work repairingships and oil platforms belonging to,

inter alia

 

U

.S

. companies

 

Since the early

1990s, Cubaan

d Curacao D

ry

dock Company have held hundreds of Cubans in captivity

in Curacao and

forced them to work

.

Curacao D

ry

dock Company paid the Cuban gove

rn

ment

directly for

labor that it knew was unlawfully compelled from Cuban citizens

.

The victims

 

including

Plaintiffs Albe

rt

o Justo Rodriguez Licea

 

Fe

rn

ando Alonso He

rn

andez, and Luis Alberto

Case 1:06-cv-22128-JLK Document 1 Entered on FLSD Docket 08/31/2006 Page 1 of 38

 

Casanova Toledo, were threatened that if they refused to work, they would be imprisoned i

n

Cuba

.

NATURE OF THE ACTIO

N

2

. This Complaint seeks compensatory and punitive damages from Curacao

Drydock Company for directly compelling labor from Plaintiffs by force and threat of

physical and psychological harm

 

and for collaborating with the Cuban totalitarian state to

compel labor from Plaintiffs by force and threat of physical and psychological harm in

violation of the law of nations

 

as well as numerous other torts

 

3

. This case is brought in a United States court for several reasons

. First, the

Plaintiffs are Florida residents

 

Plaintiffs escaped their bondage in Curacao, survived a

harrowing adventure, and made their way to a third country

. Recognizing their plight, the

United States government granted each of them a Significant Public Benefit Parole visa tolegally enter the United States

 

Plaintiffs cannot bring this action in Curacao, where Cuban agents operate and where

the gove

rn

ment was likely aware of and acquiesced in Plaintiffs

'

subjugation

.

Cuban agents

would capture Plaintiffs if they retu

rn

ed to Curacao

 

Nor can they bring this

action in

Cuba, from which they are exiled

. There are no free

and fair courts or rule of law in Cuba

. Further, Cuba, emblematic of its outlaw status, does

not outlaw forced or bonded labor

 

but rather uses forced labor both to generate foreign

currency and punish dissidents in violation of inte

rn

ational law

 

While no

other forum exists

, U

.S

. law specifically

grants

U

.S

. district courts

jurisdiction to hear actions brought by aliens to remedy violations of inte

rn

ational law suchas those alleged here

 

2

Case 1:06-cv-22128-JLK Document 1 Entered on FLSD Docket 08/31/2006 Page 2 of 38

 

PARTIES

4

. Plaintiffs are citizens of Cuba and legal residents of the United States

 

5

. Defendant Curacao Drydock Company, Inc

., a/k/a/ Curacaos

e

Dokmaatschappij NV, alk/a/ CDMNV is a corporation organized under the laws of Curacao

 

Netherlands Antilles and doing business in the United States through its agent KlattenbergMarine Associates, Inc

., a Florida Corporation registered to do business and doing business

at 933 NW 26th Avenue, Delray Beach, Florida

. Defendant openly identifies Klattenberg

Marine Associates, Inc. as its agent in Florida and transacts substantial and not isolatedbusiness in Florida and throughout the United States through Klattenberg Marine Associates,

Inc

.'s Delray Beach office

 

6

. Through Klattenberg Marine Associates, Inc

. and/or other contacts in Florida,Defendant sold ship repair services that were performed by Plaintiffs under force

.7

. Defendant is a wholly owned subsidiary of Curacaose Dok Maatschappij

Holding NV

 

JURISDICTION

AND VENUE

Subject Matter Jurisdictio

n

8

. This Court has jurisdiction over Plaintiffs' claims pursuant to 28 U

.S

.C

. § 133 1

(federal

question

jurisdiction), 28 U

.S

.C

. § 1350 (Alien Tort Statute), 18 U

.S

.C

. § 1964(c)(Racketeer Influenced and Corrupt Organizations Act) and 28 U

.S

.C

. § 1367 (supplemental

jurisdiction)

 

9

. The Alien Tort Statute provides jurisdiction in U

.S

. District Courts for any

civil action by an alien for a tort only, committed in violation of the law of nations or a treaty

of the United States

.

3

Case 1:06-cv-22128-JLK Document 1 Entered on FLSD Docket 08/31/2006 Page 3 of 38