FOREMAN FRIEDMAN, PA, 2 South Biscayne Boulevard, Miami, FL 33131 Tel: 305-358-6555 / Fax: 305-374-9077

UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

PHILIP CHARVAT on behalf of himself and )

others similarly situated, )

)

Plaintiff, ) Case No. 1:12-cv-5746

)

v. ) Judge Zagel

)

TRAVEL SERVICES, ) Magistrate Judge Valdez

CARNIVAL CORPORATION & PLC, )

ROYAL CARIBBEAN INTERNATIONAL, )

NORWEGIAN CRUISE LINE, )

)

Defendants. )

DEFENDANTS, ROYAL CARIBBEAN INTERNATIONAL’S 

AND NORWEGIAN CRUISE LINE’S,

MOTION TO DISMISS AMENDED CLASS ACTION COMPLAINT

PURSUANT TO RULES 8(a)(2), 12(b)(1), 12(b)(3), 12(b)(6)

Defendants, Royal Caribbean International (“RCI”) and Norwegian Cruise Line 

(“NCL”), pursuant to the Federal Rules of Civil Procedure 8(a)(2), 12(b)(1), 12(b)(3), 12(b)(4),

12(b)(6), 17(b), and 23, respectfully request this honorable Court to enter an Order dismissing the 

Plaintiff’s, Philip Charvat’s (“Charvat”), Amended Class Action Complaint (“ACAC”).

1. RCI and NCL seek dismissal of the ACAC based upon the two provisions of the 

TCPA that Charvat claims were violated. 

2. In Count I of the ACAC, Charvat alleges that he received four (4) prerecorded telephone calls at his residence in violation of the Telephone Consumer 

Protection Act of 1991 (“TCPA”), 47 U.S.C. §227(b) without his consent.

3. RCI and NCL respectfully request an order of dismissal because Charvat does 

not, and cannot, allege that RCI or NCL initiated the calls nor does he, or can he, allege that RCI 

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Case No. 1:12-cv-5746

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FOREMAN FRIEDMAN, PA, 2 South Biscayne Boulevard, Miami, FL 33131 Tel: 305-358-6555 / Fax: 305-374-9077

or NCL was the “initiator” based on some sort of agency theory so as to attempt to impose 

vicarious liability.

4. As for Count II, Charvat claims that he received calls in violation of 47 U.S.C. 

§227(c) because he purportedly spoke to persons who did not identify themselves in violation of 

the construing regulations of §64.1200(d)(4). However, the identification requirements fall under 

§227(d) of the TCPA and that section does not allow a private right of action by Charvat and 

even if it did allow Charvat to bring a claim, Charvat’s recordings attached to the ACAC 

unequivocally show that in all but one of the calls, identification took place and the fourth call 

was a hang up that could have been terminated for any number of reasons before the 

identification could have taken place. 

5. Based on the allegations of the ACAC, RCI and NCL request dismissal of the 

TCPA claims for having failed to state a substantive claim for relief.

6. Charvat has also failed to state a basis for injunctive relief in Count III, since 

there is no substantive cause of action asserted for Counts I and II, upon which the injunctive 

relief claim is premised.

7. Charvat has further failed to properly allege any class action claims under Rule 

23 and therefore RCI and NCL request the Court to dismiss or strike those allegations.

8. Finally, Charvat has failed to allege venue properly and he has sued a trade name 

rather than a legal entity.

WHEREFORE, Defendants, Royal Caribbean International and Norwegian Cruise Line, 

respectfully request this Court to dismiss the amended complaint against them in its entirety and 

for all other relief that this Court deems just and proper.

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Case No. 1:12-cv-5746

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FOREMAN FRIEDMAN, PA, 2 South Biscayne Boulevard, Miami, FL 33131 Tel: 305-358-6555 / Fax: 305-374-9077

Respectfully submitted,

 By: /s/ Catherine J. MacIvor

Catherine J. MacIvor

cmacivor@fflegal.com

Pro Hac Vice

 Jeffrey E. Foreman

jforeman@fflegal.com

ARDC #6193309

FOREMAN FRIEDMAN, PA

One Biscayne Tower, Suite 2300

2 South Biscayne Boulevard

Miami, FL 33131

Phone: 305-358-6555

Fax: 305-374-9077

Attorneys for Defendants, 

Royal Caribbean Cruises Ltd.

NCL (Bahamas) Ltd.

CERTIFICATE OF SERVICE

On October 3, 2012, I electronically submitted the foregoing document with the clerk 

of court for the U.S. District Court, Northern District of Illinois, using the electronic case 

filing system of the court, which will automatically send notice of the filing to all counsel of 

record. I hereby certify that I have served all counsel and/or pro se parties of record 

electronically in accordance with the Federal Rules of Civil Procedure. 

/s/ Catherine J. MacIvor

Catherine J. MacIvor

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Case No. 1:12-cv-5746

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FOREMAN FRIEDMAN, PA, 2 South Biscayne Boulevard, Miami, FL 33131 Tel: 305-358-6555 / Fax: 305-374-9077

SERVICE LIST

CASE NO. 12-CV-5746

Alexander H. Burke

aburke@burkelawllc.com

Burke Law Offices, LLC

155 N. Michigan Ave., Suite 9020

Chicago, IL 60601

Tel: 312-729-5288/Fax: 312-729-5289

Edward A. Broderick

Broderick Law, P.C.

125 Summer Street, Suite 1030

Boston, MA 02110

Tel: 617-738-7080

Attorneys for Plaintiff

Elliot S. Wiczer (ARDC #6208432) 

John M. Sheldon (ARDC #6256666) 

Foreman Friedman, PA 

500 Skokie Blvd., Suite 325 

Northbrook, IL 60062 

847-849-4850 

Catherine J. MacIvor (Pro Hac Vice)

Jeffrey E. Foreman (ARDC #6193309) 

Foreman Friedman, PA 

2 South Biscayne Blvd., Suite 2300 

Miami, FL 33131 

305-358-6555 

Attorneys for Defendant

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