Carnival Triumph currently docked in Galveston

Blame this on the Concordia. Literally. Due to a $10 million lawsuit filed in federal court in Galveston by relatives of a German tourist who died on the Concordia, a judge based in Galveston has prohibited the ship from leaving port.

The ship is scheduled to leave at 4:00pm CT

The sheer ignorance of this action by the judge (of course it HAS to be in Texas) and the frivolous lawsuit (which legally MUST be filled in Miami or Italy, not Texas) makes my blood boil. I think the Judge needs to read CruiseInd.

UPDATE: 2:09pm John Heald stated on his Facebook page that embarkation has commenced.

Cruise Critic got this from Carnival:

"We are aware of the situation and are working through the appropriate legal channels to resolve it. The litigation in question relates to a matter that involved a European-based cruise line that is a sister line to Carnival Cruise Lines. We are optimistic that the issues regarding the Carnival Triumph will be resolved and the ship will depart on its scheduled voyage later today."

Bloomberg states:

“court finds that the conditions for an attachment of defendants’ joint and collective property within this district, mainly the MS Carnival Triumph, appear to exist upon an admiralty and maritime claim.”

Passenger on board Triumph: Sign at the door saying ship is under command by US Federal Marshals and will only move w/ their permission.

— Mikey Faust (@mikeycruiseblog) March 31, 2012

UPDATE: 2:18pm U.S. Marshals are onboard the ship. This is typical in a ship arrest.

UPDATE: 2:20pm The judge is U.S. Magistrate Judge John Froeschner

UPDATE: 3:47pm Embarking passengers have reported that it appears that everything is still set for ontime sailing.

UPDATE: 3:54pm  Pretty quiet on the pier. It looks like all pax, stores and luggage have been loaded. About an hour to sailing

UPDATE: 4:08pm I was able to track down the actual legal Complaint:  Google Docs

UPDATE: 4:23pm Just finished reading the 13 page document. In short, because the plaintiff could not find either  Carnival plc. or Utopia Cruises Inc., registered in the state of TX, the law allowed them to arrest the vessel that was present in the state. On an amusing note, the plaintiffs want the defendants to present the Voyage Data Recorder, private emails between Micky Arison (Carnival Corp.) and Pier Foschi (Costa), the Captain of Concordia (Schettino )’s laptop. I guess the plaintiffs lawyer, of Gilman & Allison, LLP, Pearland, TX, wants to do his own investigation. Good luck getting them out of Italian official’s possession.

Anyways, basically the plaintiff was able to show that Utopia Cruises Inc., is nothing more than a Panamanian shelf company for the sole purpose of registering the ship. However since Carnival plc takes and declares revenues and expenditures on her, they state that Carnival plc are the owners. Since there is no Carnival plc present in the state of Texas, they allowed the U.S. Marshals to arrest the ship, since it was property of Carnival plc.

The plaintiff is suing Carnival plc and Utopia for a standard Death on the High Seas Act claim.

UPDATE: 4:43pm Pictures of the stickers onboard the Triumph right now: (from Twitter and Mikey’s Cruise Blog):

UPDATE: 4:53pm Situation possibly resolved! Working on a confirmation…

UPDATE: 4:55pm :

@mikeycruiseblog crew resp for drill.Capt is speaking now

— Sims Family Travel (@SimsTravel) March 31, 2012

"we have reached an agreement and should be released to sail shortly" #carnivaltriumph

— Sims Family Travel (@SimsTravel) March 31, 2012

UPDATE: 5:04pm : Oh sheesh. Passengers are taking their pictures next to the signs… (via cruisecritic)

UPDATE: 5:08pm : Some people are asking what would happen if she were to just leave, while being under arrest? Quick answer: the Pilots would never board her to sail her out.

UPDATE: 5:12pm : Cruise Director John Heald just posted on Facebook:

Great news for thosevsailing[sic] on the Carnival Triumph today.
We have reached agreement on this matter and are expecting the US Marshals to release the ship verysoon[sic]. The safety briefing has commenced and we should be sailing shortly.
See you here tomorrow

UPDATE: 5:38pm : SHES LEAVING RIGHT NOW

UPDATE: 5:38pm : Now that she has successfully set sail, I’d like to thank all of you that have been following along with me today. It was quite an adventure!

I’ll still be following this story incase something else develops with the pending legal action in the Texas courts.

The current Galveston based ships, Conquest and Ecstasy, will then reposition over to New Orleans, Louisiana, and resume their routes from there. NOLA is familiar waters for the Conquest, as this is where she was based out of prior to Katrina. Carnival moved the ship to Galveston when NOLA was out of commission following the storm. TX proved lucrative enough that she remained there ever since. The addition of these two ships, matches CCL’s pre-Katrina levels.

This comes hot on the heels of RCI bringing the Mariner of the Seas over from the west coast to replace the older Voyager of the Seas. Mariner will only be there seasonally (i.e. December-April) as opposed to CCL which will sail both of theirs yearround.

Carnival’s press release after the break.

Carnival Cruise Lines’ newest ship, the 3,690-passenger Carnival Magic, will operate seven-day Caribbean cruises from Galveston beginning Nov. 14, 2011, becoming the largest cruise ship based at the port year-round.  Additionally, the 2,758-passenger Carnival Triumph will reposition from New Orleans to Galveston to operate year-round four- and five-day Caribbean cruises from that port beginning Oct. 6, 2011.

Homeporting the Carnival Magic and Carnival Triumph in Galveston represents the largest-ever capacity commitment by a cruise line to Texas.  With these deployments, Carnival expects to carry more than 450,000 guests annually from Galveston – a 28 percent increase over the current year.

In turn, the 2,974-passenger Carnival Conquest and 2,052-passenger Carnival Ecstasy, both of which are currently based in Galveston, will reposition to New Orleans to operate year-round departures from that port, returning the line to pre-Katrina capacity levels there.  With Carnival Conquest and Carnival Ecstasy, the line is expected to carry nearly 340,000 passengers annually from New Orleans – the most of any cruise operator.

“Deploying the new Carnival Magic to Galveston and increasing capacity on our popular short cruise program with the Carnival Triumph is a clear indication of the tremendous appeal and growth of this key homeport, which consistently earns high marks from our guests,” said Gerry Cahill, Carnival president and CEO. “At the same time, we are very pleased to return to pre-Katrina capacity levels in New Orleans with the Carnival Conquest and Carnival Ecstasy – a wonderfully positive indicator of the city’s continued growth and recovery,” he added.

Carnival Magic, Carnival Triumph from Galveston

Carnival Magic, which is slated to debut in Europe in May 2011 with a host of innovative facilities and features, will offer two different week-long itineraries from Galveston, including seven-day western Caribbean voyages to Montego Bay, Grand Cayman and Cozumel, and week-long eastern Caribbean cruises to Nassau, Freeport, and Key West.

Carnival Magic will offer many exciting amenities including a spectacular water park, an exclusive adults-only retreat, a wrap-around promenade with whirlpools that extend out over the ship’s sides, and expansive spa and children’s facilities.  Also featured will be a variety of stateroom choices, including deluxe ocean view  accommodations with two bathrooms, some of which feature five berths and hold particular appeal for families; cove balcony cabins located closer to the water line; and spa staterooms that provide special access and benefits.  A number of new innovations are scheduled to be announced in the near future.

Prior to launching year-round Caribbean service from Galveston, Carnival Magic will operate a series of seven-, nine- and 12-day Mediterranean voyages from Barcelona May 1 to Oct. 16, 2011; followed by a 16-day trans-Atlantic crossing from Barcelona to Galveston departing Oct. 28, 2011.

Also being deployed to Galveston is the Carnival Triumph which will operate year-round four- and five-day western Caribbean cruises beginning Oct. 6, 2011, becoming the newest and largest ship to operate a year-round short cruise program from that port.  Four-day cruises depart Thursdays to Cozumel, while five-day voyages depart Mondays and Saturdays and visit Cozumel and Progreso, Mexico.  Carnival Triumph offers many guest-pleasing features and amenities, including nearly 500 balcony staterooms which are very popular among consumers and typically not available on short cruises. 

Expanded Capacity from New Orleans

Carnival Conquest will reposition to New Orleans for year-round seven-day Caribbean cruises beginning Nov. 13, 2011.  The ship will offer three different week-long Caribbean options from New Orleans: a new western Caribbean program featuring Montego Bay, Grand Cayman and Cozumel, an eastern Caribbean itinerary to Key West, Freeport and Nassau, and exotic western Caribbean cruises to Belize, Roatan and Cozumel.

Carnival Ecstasy will operate year-round four- and five-day western Caribbean voyages from New Orleans beginning Sept. 22, 2011. The ship underwent a multi-million-dollar renovation last year that added an expansive water park, tropical-style main pool area, adults-only retreat and 98 balconies to existing staterooms.  On the Carnival Ecstasy’s new itinerary, four-day cruises departing Thursdays visit Cozumel, while five-day cruises departing Mondays and Saturdays call at Cozumel and Progreso, Mexico.

The Carnival Triumph was set to call on New Orleans for the first time yesterday until mother nature had its way. The whole gulf coast, even as far as over here in Galveston, got rain. Although near Mobile, AL and New Orleans, LA, it was heavier. Carnival decided to push the Inaugural call back to today. As a result, she will sail a modified trip from 4-Nights to 3-Nights.

Over in Mobile, Alabama, the Carnival Fantasy was all ready to be the replacement for the recently departed Holiday, when her call was also delayed. The 6-night cruise will now be a 5-night trip.