Denson v. Capital Jazz Inc.

• Decision Date: 20 April 2023
• Docket Number: CIVIL JKB-22-2526
• Parties: JERELYN DENSON, et al., Plaintiffs v. CAPITAL JAZZ INC., Defendant
• Court: U.S. District Court — District of Maryland

1

JERELYN DENSON, et al., Plaintiffs
v.
CAPITAL JAZZ INC., Defendant

CIVIL No. JKB-22-2526

United States District Court, D. Maryland

April 20, 2023

MEMORANDUM

James K. Bredar Chief Judge

Plaintiffs, Jerelyn Denson and Tyea Santiago, filed this putative class action against Defendant Capital Jazz Inc. (“Capital Jazz”) pursuant to the Class Action Fairness Act of 2005 (“CAFA”), 28 U.S.C. § 1332(d). (See Compl., ECF No. 1.) Currently pending before the Court is Plaintiffs' Motion for Default Judgment, Attorneys' Fees and Costs. (ECF No. 11.) Capital Jazz has failed to respond to the Motion or to otherwise defend this action. No hearing is necessary to resolve the Motion. See Loc. R. 105.6 (D. Md. 2021). For the reasons explained below, the Court lacks subject matter jurisdiction over this case. Accordingly, the Court will deny Plaintiffs' Motion and dismiss this case pursuant to Federal Rule of Civil Procedure 12(h)(3).

I. Factual Background^[1] and Procedural History

This action arises out of Plaintiffs' failed attempts to obtain refunds for monies they paid toward an event called “SuperCruise XIV”-a sea cruise organized by Capital Jazz that was

2

canceled prior to its departure. (See generally Compl.) As background, Plaintiffs Denson and Santiago are residents of Illinois and New Jersey, respectively. (Id. ¶¶ 7, 19.) Capital Jazz is a “music performance production company” headquartered in Maryland that charters cruise ships for annual jazz-themed sea cruises. (Id. ¶¶ 31, 36-37.) In 2019, Capital Jazz contracted with Royal Caribbean, a non-party to this action, to charter a ship for SuperCruise XIV (the “Cruise”). (Id. ¶¶ 39,45.) The Cruise was scheduled to sail from January 14,2022, to January 22,2022. (Id. ¶ 40.) On September 15,2021, Plaintiff Denson booked the Cruise for herself and for her husband. (Id. ¶ 8.) She ultimately paid Capital Jazz, through installments, a total of $5,325 for the Cruise. (Id. ¶¶ 8-9.) On September 17,2021, Plaintiff Santiago booked the Cruise for herself. (Id. ¶ 20.) She ultimately paid Capital Jazz, through installments, a total of $4,550 for the Cruise. (Id. ¶ 21.)

On January 7, 2022, Capital Jazz canceled the Cruise based upon a travel warning issued by the United States Centers for Disease Control and Prevention (“CDC”). (Id. ¶¶ 46-50.) That same day, Capital Jazz sent Plaintiffs Denson and Santiago individual emails to notify them that the Cruise had been canceled. (Id. ¶¶ 10,22.) On January 24, 2022, Capital Jazz sent an email to all individuals who had booked the Cruise, directing them to select one of three options as reimbursement for the Cruise's cancellation. (Id. ¶ 51.) Pursuant to the email, passengers could either: (1) transfer their reservations to a future cruise at no additional cost; (2) receive a credit toward a future event based upon the amount paid for the Cruise; or (3) receive a refund for the amount paid, less a three percent deduction for any credit card payments made. (Id.) The email directed passengers to submit their reimbursement option by March 1,2022. (Id.) Passengers who selected the third option were directed to allow up to 90 days for refunds to be processed. (Id.)

Plaintiffs Denson and Santiago submitted requests for full refunds before the March 1, 2022 deadline. (Id. ¶ 53.) But Capital Jazz did not issue Plaintiffs Denson or Santiago their

3

requested refunds, even after they made multiple follow-up attempts to secure their refunds in 2022. (Id. ¶¶ 14-15, 26-27.) Plaintiffs allege that “hundreds, if not thousands, of persons and entities” not named in the Complaint also paid for the Cruise and were unable to obtain refunds from Capital Jazz after making timely requests. (Id. ¶¶ 65-67.) Specifically, Plaintiffs allege that “approximately...