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Delgado Trial Attorneys • 10631 N. Kendall Drive, Suite 130 • Miami, FL 33176

(305) 596-7911 • (305) 927-3678 • Toll Free (877) 372-0817 • Fax (305) 397-2654 

www.CruiseLawyerMiami.com

UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

MIAMI DIVISION

CASE NO.: 1:20-cv-22133-JEM

RYAN MAUNES MAGLANA, on 

his own behalf and as a class 

representative of all other similarly 

situated Filipino crewmembers 

trapped aboard CELEBRITY cruise 

vessels,

Plaintiffs,

CLASS ACTION & 

v DEMAND FOR 

JURY TRIAL

CELEBRITY CRUISES INC.,

Defendant.

______________________________/

PLAINTIFFS’ NOTICE OF COMPLIANCE WITH D.E. 12 AND RESPONSE IN 

OPPOSITION TO DEFENDANT’S SUGGESTION OF MOOTNESS [D.E. 10]

Plaintiff, RYAN MAUNES MAGLANA, on his own behalf and on behalf of all 

other similarly situated Filipino crewmembers trapped onboard CELEBRITY cruise 

vessels (hereinafter “PLAINTIFFS”) through undersigned counsel hereby file their 

Notice of Compliance with D.E. 12 & their Response in Opposition to Defendant’s 

“Suggestion of Mootness” [D.E. 10] and offer the following in support of their position:

1. Plaintiff MAGLANA, on his own behalf and as a class representative of all 

other similarly situated Filipino crewmembers trapped aboard CELEBRITY cruise 

vessels, filed the instant action of May 21, 2020. 

2. Count I of their Complaint includes a prayer for injunctive and equitable 

Case 1:20-cv-22133-JEM Document 16 Entered on FLSD Docket 06/09/2020 Page 1 of 7
MAGLANA V. CELEBRITY CRUISE INC.

CASE NO.: 1:20-cv-22133-JEM

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Delgado Trial Attorneys • 10631 N. Kendall Drive, Suite 130 • Miami, FL 33176

(305) 596-7911 • (305) 927-3678 • Toll Free (877) 372-0817 • Fax (305) 397-2654 

www.CruiseLawyerMiami.com

relief, to wit:

a. A mandatory injunction requiring Defendant to repatriate its 

approximately 1700 FILIPINO seafarers; and 

b. Back/Front pay and all other equitable relief which Plaintiffs are entitled 

to.

3. To date, some Filipino seafarers in Defendant’s fleet have been repatriated. 

However, over 70% were still held captive onboard ships in Defendant’s fleet at the time 

Defendant filed its Suggestion of Mootness, and as of the time the instant response is 

submitted to the Court, there are still over 1000 Filipino seafarers and class members that 

are being held against their will by Defendant.

4. By way of background, after the instant action was filed on May 21, 2020,

the Miami Herald reported on the Plaintiffs’ claims in an article which appeared on May 

22, 2020. As indicated in the Herald’s article, Defendant was contacted for comment on 

the lawsuit by the time the story was published on the 22nd, but the company declined to 

comment. 

5. Also, on the 22nd, the Defendant contacted the undersigned’s former 

employer to discuss the claims asserted herein but they were advised that the 

undersigned and the former employer were no longer professionally affiliated. 

6. The following day, on May 23rd, the undersigned was in direct contact with 

the Defendant’s inhouse attorneys upon whom process was served per Fed. R. Civ. P. 4. 

See D.E. 14.

Case 1:20-cv-22133-JEM Document 16 Entered on FLSD Docket 06/09/2020 Page 2 of 7
MAGLANA V. CELEBRITY CRUISE INC.

CASE NO.: 1:20-cv-22133-JEM

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Delgado Trial Attorneys • 10631 N. Kendall Drive, Suite 130 • Miami, FL 33176

(305) 596-7911 • (305) 927-3678 • Toll Free (877) 372-0817 • Fax (305) 397-2654 

www.CruiseLawyerMiami.com

7. Defendant also purchased Plaintiff MAGLANA’S ticket home on May 23, 

nearly 48 hours after the instant action was filed which is attached and marked as Exhibit 

“A”. 

8. It is undisputed that Plaintiff MAGLANA was repatriated to the 

Philippines on May 26, 2020, on a ticket that was issued on May 23rd. According to the 

US Center for Disease Control and Prevention (hereinafter “CDC”), Celebrity did not 

submit their CDC attestation form until May 22nd, after the instant action had 

commenced. Approved CDC cruise ship crewmember disembarkations is attached and 

marked as Plaintiffs’ Exhibit “B”. 

9. As it stands currently, that is the only matter from Defendant’s Suggestion 

of Mootness that is not in dispute. 

10. According to a leaked internal memorandum that was published in early 

May, RCL International, the parent corporation of both Royal Caribbean Cruise Lines and 

Celebrity Cruise Lines, had more than 6,689 Filipino seafarers waiting to be repatriated

as of May 7, 2020. See Exhibit “C” at p. 19

11. Celebrity did not repatriate a single Filipino crewmember after the CDC’s 

March 14th, 2020 No-Sail Order for over 68 days as evident in the CDC’s publication in 

Exhibit “B”.

12. In fact, Celebrity failed to repatriate a single Filipino seafarer until May 20th, 

2020. Id.

Case 1:20-cv-22133-JEM Document 16 Entered on FLSD Docket 06/09/2020 Page 3 of 7
MAGLANA V. CELEBRITY CRUISE INC.

CASE NO.: 1:20-cv-22133-JEM

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Delgado Trial Attorneys • 10631 N. Kendall Drive, Suite 130 • Miami, FL 33176

(305) 596-7911 • (305) 927-3678 • Toll Free (877) 372-0817 • Fax (305) 397-2654 

www.CruiseLawyerMiami.com

13. The CDC approved crewmember repatriation through US ports on April 

23, 2020, and yet for 27 days, Celebrity declined to follow the procedures and instead, 

elected to shift blame to the CDC for “preventing” repatriation.

14. At the time the instant action was filed, 1528 of the approximately 1700 

Filipino crewmembers were still onboard the ships in Celebrity’s fleet with no end to their 

forced captivity in sight. 

15. What Defendant apparently contends is a random coincidence, the day 

after this action was commenced and the local media reported on the story, Celebrity 

repatriated an additional 320 Filipino crewmembers by pure happenstance.

16. Even assuming arguendo that Defendant’s claim that “wholly independent 

of this action”, Defendant requested clearance from the CDC to repatriate an additional 

320 Filipino seafarers within 24 hours of the commencement of this action, almost double 

the amount that had been requested prior to the commencement of this action. 

17. Plaintiff, apparently by virtue of a mere coincidence, just so happened to be 

among the 320 Filipino seafarers repatriated to the Philippines “wholly independent of this 

action”.

18. Defendant filed its Suggestion of Mootness at May 27, 2020. At that time, 

there were still at least 1200 Filipino seafarers waiting to be repatriated, or over 70% of 

the Filipino seafarers in Celebrity’s fleet. 

19. Defendant repatriated an additional 194 Filipino seafarers on June 1st, 2020 

leaving a balance of just over 1000 Filipino seafarers still held captive onboard ships in 

Case 1:20-cv-22133-JEM Document 16 Entered on FLSD Docket 06/09/2020 Page 4 of 7
MAGLANA V. CELEBRITY CRUISE INC.

CASE NO.: 1:20-cv-22133-JEM

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Delgado Trial Attorneys • 10631 N. Kendall Drive, Suite 130 • Miami, FL 33176

(305) 596-7911 • (305) 927-3678 • Toll Free (877) 372-0817 • Fax (305) 397-2654 

www.CruiseLawyerMiami.com

its fleet. 

20. Plaintiffs respectfully submit that this controversy is far from moot as the

fate of over 1000 souls remain in limbo while being held captive onboard Defendant’s 

vessels. 

21. In addition, Plaintiffs’ prayer for back pay continues to remain in 

controversy as the Defendant has not paid any of its Filipino seafarers wages since April 

24, 2020 other than a $400 bonus paid to some crewmembers as a “good-will gesture” 

which translates to a per diem of just over $13. 

22. Accordingly, for the above stated reasons, Plaintiffs submit that this matter 

is not moot and is ripe for adjudication by this Court.

23. Defendant’s voluntary cessation of its unlawful conduct does not render 

the controversy moot. Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc., 528 U.S. 

167, 189, 120 S. Ct. 693, 708 (2000). 

24. Furthermore, the claims asserted herein are not arbitrable. See Wright v. 

Universal Mar. Serv. Corp., 525 U.S. 70, 78, 119 S. Ct. 391, 396 (1998). 

25. In addition, Plaintiffs’ other claims that stem from U.S. statutory law insofar 

as their claim for wages under 46 U.S.C. Section 10313 “[w]here the parties have agreed 

that the arbitral body is to decide a defined set of claims which includes [ ] those arising 

from the application of American [ ] law, the tribunal therefore should be bound to decide 

that dispute in accord with the national law giving rise to the claim. And so long as the 

prospective litigant effectively may vindicate its statutory cause of action in the arbitral 

Case 1:20-cv-22133-JEM Document 16 Entered on FLSD Docket 06/09/2020 Page 5 of 7
MAGLANA V. CELEBRITY CRUISE INC.

CASE NO.: 1:20-cv-22133-JEM

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Delgado Trial Attorneys • 10631 N. Kendall Drive, Suite 130 • Miami, FL 33176

(305) 596-7911 • (305) 927-3678 • Toll Free (877) 372-0817 • Fax (305) 397-2654 

www.CruiseLawyerMiami.com

forum, the statute will continue to serve both its remedial and deterrent function. 

Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, 473 U.S. 614, 636-37, 105 S. Ct. 3346, 

3359 (1985); see also Am. Express Co. v. Italian Colors Rest., 570 U.S. 228, 236, 133 S. Ct. 2304, 

2310 (2013) ([a]s we have described, [the effective vindication doctrine’s origins stem from] the 

desire to prevent ‘prospective waiver of a party’s right to pursue statutory 

remedies,’ [t]hat would certainly cover a provision in an arbitration agreement 

forbidding the assertion of certain statutory rights.” 

Dated: 8th day of June 2020.

BY: ________________________

RAUL G. DELGADO II, ESQ. 

Florida Bar No. 094004 

raul@cruiselawyermiami.com

Raulsr@cruiselawyermiami.com

heidi@cruiselawyermiami.com

filing@cruiselawyermiami.com 

DELGADO TRIAL ATTORNEYS

Attorneys for Plaintiff

10631 N. Kendall Drive, Suite 130 

Miami, FL 33176 

Ph: (305) 596-7911 

Cell: (305) 972-0817 

Fax: (305) 397-2654 

Toll Free: 1(877) 372-0817 

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was filed and 

e-served on Defendant through the Court’s CM/ECF system on June 8, 2020. 

BY: ________________________

Case 1:20-cv-22133-JEM Document 16 Entered on FLSD Docket 06/09/2020 Page 6 of 7
MAGLANA V. CELEBRITY CRUISE INC.

CASE NO.: 1:20-cv-22133-JEM

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Delgado Trial Attorneys • 10631 N. Kendall Drive, Suite 130 • Miami, FL 33176

(305) 596-7911 • (305) 927-3678 • Toll Free (877) 372-0817 • Fax (305) 397-2654 

www.CruiseLawyerMiami.com

RAUL G. DELGADO II, ESQ. 

Florida Bar No. 094004 

raul@cruiselawyermiami.com

Raulsr@cruiselawyermiami.com

heidi@cruiselawyermiami.com

filing@cruiselawyermiami.com 

DELGADO TRIAL ATTORNEYS

Attorneys for Plaintiff

10631 N. Kendall Drive, Suite 130 

Miami, FL 33176 

Ph: (305) 596-7911 

Cell: (305) 972-0817 

Fax: (305) 397-2654 

Toll Free: 1(877) 372-0817 

Case 1:20-cv-22133-JEM Document 16 Entered on FLSD Docket 06/09/2020 Page 7 of 7