The Soto family owned several business ventures throughout Cuba, including the famous oceanfront Copacabana Hotel2 “Copacabana”), located at Avenida Primera between 44 and 46 streets, in Havana, Cuba. The Copacabana was inaugurated in 1955, and after Fidel Castro seized power and established a communist government in Cuba in 1959, the Copacabana was confiscated along with the Soto family’s other properties and business ventures in 1961. This forced the Soto family to flee their native country to the United States.
After seizing the Copacabana from the Soto family, the Cuban government, together with Be Live Hotels S.L. and the defendants, exploited and benefitted from the Copacabana for decades without the consent of the Soto family and without paying them any compensation whatsoever. Defendants continue to offer the Copacabana to Floridians3 through their interactive websites, emails directly targeting Floridians, marketing campaigns in Florida, and through work done in their Florida offices. Osvaldo N. Soto now sues to right the defendants’ unlawful trafficking in his property and for just compensation.
On November 22, 2019, Soto informed defendants of his intent to commence an action unless defendants ceased to traffic the Copacabana. See Composite Exhibit D. Despite being on actual notice, defendants continued to market and make reservations at the Copacabana on their websites for their economic benefit.
26. Soto was not eligible to file a claim with the Foreign Claims Settlement Commission under Title V of the International Claims Settlement Act of 1949 (22 U.S.C. § 1643, et seq.), because he was not a U.S. citizen when the Copacabana was confiscated.
27. The Copacabana has not been the subject of a certified claim under Title V of the International Claims Settlement Act of 1949 (22 U.S.C. § 1643 et seq.).
28. Soto has been injured by defendants’ trafficking in the Copacabana without his permission and without paying him any compensation.
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