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Subsequently, two similar class action complaints were also filed in the United States District Court for the Southern District of Florida naming the same defendants.
−Removed: These complaints assert claims, purportedly brought on behalf of a class of shareholders, under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, and Rule 10b-5 promulgated thereunder, and allege that the Company made false and misleading statements to the market and customers about COVID-19.
−Removed: Each of the complaints seek unspecified damages and an award of costs and expenses, including reasonable attorneys’ fees, on behalf of a purported class of purchasers of our ordinary shares between February 20, 2020 and either March 11, 2020 or March 12, 2020.
−Removed: We believe that the allegations contained in the complaints are without merit and intend to defend the complaints vigorously.
−Removed: We cannot predict at this point the length of time that these actions will be ongoing or the liability, if any, which may arise therefrom.
+Added: On July 31, 2020, a consolidated amended class action complaint was filed by lead plaintiff’s counsel.
+Added: The complaint asserts claims, purportedly brought on behalf of a class of shareholders, under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, and Rule 10b-5 promulgated thereunder, and allege that the Company made false and misleading statements to the market and customers about COVID-19.
+Added: The complaint seeks unspecified damages and an award of costs and expenses, including reasonable attorneys’ fees, on behalf of a purported class of purchasers of our ordinary shares between February 20, 2020 and March 10, 2020.
+Added: We believe that the allegations contained in the complaint are without merit and intend to defend the complaint vigorously.
+Added: We cannot predict at this point the length of time that this action will be ongoing or the liability, if any, which may arise therefrom.
In addition, in March 2020 the Florida Attorney General announced an investigation related to the Company’s marketing during the COVID-19 outbreak.
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Booksafe Travel Protection Plan
−Removed: As previously disclosed in our Annual Report on Form 10-K for the year ended December 31, 2019, on September 21, 2018, a proposed class-action lawsuit was filed by Marta and Jerry Phillips and others against NCL Corporation Ltd.
+Added: As previously disclosed in our Annual Report on Form 10-K, as updated by our Current Report on Form 8-K filed on July 8, 2020, on September 21, 2018, a proposed class-action lawsuit was filed by Marta and Jerry Phillips and others against NCL Corporation Ltd.
in the United States District Court for the Southern District of Florida relating to the marketing and sales of our Booksafe Travel Protection Plan.
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in the United States District Court for the Southern District of Florida under Title III of the Cuban Liberty and Solidarity (Libertad) Act of 1996, also known as the Helms-Burton Act.
−Removed: The complaint filed by Havana Docks Corporation alleges it holds an interest in the Havana Cruise Port Terminal and the complaint filed by Javier Garcia-Bengochea alleges that he holds an interest in the
−Removed: Port of Santiago, Cuba, both of which were expropriated by the Cuban Government.
+Added: The complaint filed by Havana Docks Corporation alleges it holds an interest in the Havana Cruise Port Terminal and the complaint filed by Javier Garcia-Bengochea alleges that he holds an interest in the Port of Santiago, Cuba, both of which were expropriated by the Cuban Government.
The complaints further allege that the Company “trafficked” in those properties by embarking and disembarking passengers at these facilities.
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On April 14, 2020, the district court granted Havana Docks Corporation’s motion to reconsider and vacated its order dismissing the claim, allowing Havana Docks Corporation to file an amended complaint on April 16, 2020.
−Removed: On April 24, 2020, we filed a motion seeking permission to appeal the district court’s order.
+Added: On April 24, 2020, we filed a motion seeking permission to appeal the
+Added: district court’s order which was subsequently denied.
We believe we have meritorious defenses to the claims and intend to vigorously defend these matters.
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Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.