UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OFFLORIDA

FORT LAUDERDALE DIVISION

CASE NO: 20-23223-CIV-BLOOM

DRAGAN JANICIJEVIC, on his own 

behalf and on behalf of all other similarly 

situated crew members working aboard 

BAHAMAS PARADISE CRUISE LINE 

vessels

Plaintiffs,

v. 

CLASSICA CRUISE OPERATOR, LTD., 

PARADISE CRUISE LINE OPERATOR 

LTD. INC., a/k/a PARADISE CRUISE LINE 

OPERATOR LTD. d/b/a BAHAMAS 

PARADISE CRUISE LINE, BPCL 

MANAGEMENT, LLC, d/b/a BAHAMAS 

PARADISE CRUISE LINE, LLC.,

Defendants.

/

JOINT MOTION FOR BRIEF STAY PENDING APPROVAL OF 

SETTLEMENT AGREEMENT AND NOTICE OF CLASS-WIDE SETTLEMENT

The Parties announce that through an aggressive and active early mediation in this matter, 

under the direct supervision of nationally recognized mediator Rodney Max, they have executed a 

Term Sheet which provides for a full Settlement of this class action matter. To save the Court and 

the Parties time and resources, the Parties jointly request a very brief stay of 10 days (in accordance 

with the proposed timetable below), so the Parties can devote their time and resources to drafting 

and finalizing the Class Action Settlement Agreement and preparing the Motion for Preliminary 

Approval of the Class Action Settlement Agreement. The Parties will expeditiously seek 

preliminary approval of the Class Action Settlement Agreement pursuant to Rule 23(e) of the 

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Federal Rules of Civil Procedure. In support of the requested stay and proposed time schedule, 

the Parties state the following: 

1. On August 21, 2020, after considerable mediation, Plaintiff and Defendants 

reached an arms-length agreement in principle to resolve all claims against all Defendants in these 

proceedings. 

2. The Parties are now in the process during the next 10 days of drafting a detailed 

Class Action Settlement Agreement that settles all issues in this action, eligibility of putative 

settlement class members for a class settlement payment, and dismissal of all claims against 

Defendants with prejudice. The Plaintiff is also drafting a Motion for Preliminary Approval of the 

proposed settlement. 

3. After execution of the Settlement Agreement, the Plaintiff will present it to the 

Court and seek preliminary approval of the class action settlement, including the plan of notice to 

the settlement class, pursuant to Rule 23 of the Federal Rules of Civil Procedure. 

4. It is well settled that this Court has the authority to stay proceedings to manage its 

docket, based upon the circumstances of a particular case, especially where the parties have 

reached a settlement of the matter. See, e.g., Landis v. North Am. Water Works & Elec. Co., 299 

U.S. 248, 254 (1936); Republic of Venezuela v. Philip Morris Cos., Inc., No. 99-0586-Civ, 1999 

WL 33911677, at *1 (S.D. Fla. Apr. 28, 1999). A class-wide settlement, if approved, will resolve 

all claims and issues in this action. 

5. A very brief stay of 10 days will also conserve the Parties’ and the Court’s 

resources, and will allow the Parties to focus on settlement details and drafting preliminary 

approval briefs, rather than spending their efforts on motions to dismiss, class certification, 

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discovery disputes, and any further dispositive motions or motion in limine that, if settlement is 

approved, will turn out to be unnecessary. 

6. The Parties respectfully request that the Court briefly stay the case according to the 

proposed schedule below: 

a. Class Action Settlement Agreement shall be executed within 7 days by August 28, 

2020; 

b. Motion for Preliminary Approval of the Class Action Settlement Agreement shall

be filed by August 31, 2020; and 

c. If the Motion for Preliminary Approval is granted, the Court shall set a date and 

time for the Final Approval Hearing at the Court’s discretion. 

WHEREFORE, the Parties respectfully request the Court enter the attached Order staying 

all claims pending the execution and approval of a class-wide Settlement Agreement and that sets 

specific timelines for the Parties to seek preliminary approval of the Settlement. 

Date: August 21, 2020 Respectfully submitted,

By: /s/ Adam Moskowitz

Adam Moskowitz, Esq.

Florida Bar No. 984280

Email: adam@moskowitz-law.com

Howard M. Bushman, Esq.

Florida Bar No. 0364230

Email: howard@moskowitz-law.com

The Moskowitz Law Firm, PLLC

2 Alhambra Plaza

Suite 601

Coral Gables, FL 33134

Telephone: 305 740-1423

Counsel for Plaintiff

By: /s/ Catherine J. MacIvor

Jeffrey E. Foreman 

Florida Bar No. 240310 

jforeman@fflegal.com

Catherine J. MacIvor 

Florida Bar. No. 932711 

cmacivor@fflegal.com

Foreman Friedman, PA

One Biscayne Tower, Suite 2300 

2 South Biscayne Boulevard Miami, FL 

33131 Telephone: (305) 358-6555 

Counsel for Defendants

By:/s/ Michael Winkleman 

Michael A. Winkleman 

Florida Bar No. 36719 

mwinkleman@lipcon.com 

Daniel W. Grammes 

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Florida Bar No. 1010507 

dgrammes@lipcon.com 

Andrew S. Freedman 

Florida Bar No. 091087 

afreedman@lipcon.com 

Lipcon, Margulies, Alsina & Winkleman, P.A. 

One Biscayne Tower, Suite 1776 

2 South Biscayne Boulevard 

Miami, Florida 33131 

Telephone No.: (305) 373-3016 

Facsimile No.: (305) 373-6204 

Counsel for Plaintiffs 

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing was filed on August 21, 2020

with the Clerk by using the CM/ECF system, which will send notification of such filing to all 

attorneys of record.

s/ Adam M. Moskowitz

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