Order | Filed: September 16, 2026
| Entered: September 16, 2026
S.W. v. Tropical Paradise Resorts, LLC
P.I.: Other | Florida Southern
Order on Motion for Miscellaneous Relief Order on Motion to Reopen Case
PAPERLESS ORDER DENYING the 107 Motion to Re-open Case (the “Motion”). “Any civil action filed under [the TVRPA] shall be stayed during the pendency of any criminal action arising out of the same occurrence in which the claimant is the victim.” 18 U.S.C. § 1595(b)(1). On April 24, 2026, we stayed this case because the Plaintiff “made a report about her alleged trafficking to law enforcement.” Order Staying Case 103 at 1.
The Plaintiff now moves to re-open the case. “Since April 24, 2026,” our Plaintiff tells us, “no criminal prosecution has commenced” and the “Plaintiff is aware of no current arrest, indictment, information, charging decision, or grand-jury activity arising from her allegations.” Motion at 2. Plus, she adds, “no prosecuting authority has appeared in this action or asked this Court to preserve the stay.” Ibid. Accordingly, the Plaintiff argues that “[t]he stay should be lifted because the event that triggers § 1595(b), a pending ‘criminal action,’ has not occurred.” Id. at 4. Not so.
Section 1595(b)(2) provides that a “‘criminal action’ includes investigation and prosecution and is pending until final adjudication in the trial court.” “[T]he mandatory stay provision was added to § 1595 to alleviate the U.S. Department of Justice’s concern that civil suits could hinder a domestic prosecutor’s ability to try criminal cases unfettered by the complications of civil discovery.” Plaintiff A v. Schair, 744 F.3d 1247, 1254 (11th Cir. 2014) (cleaned up). Although the Plaintiff “is aware of no current arrest, indictment, information, charging decision, or grand-jury activity arising from her allegations,” she provides no evidence that an investigation into her alleged trafficking isn’t underway or that any of those events won’t occur in connection with her report. We therefore can’t say that there is no “criminal action” in relation to the Plaintiff’s report and her Motion must be denied. If the Plaintiff wishes to re-open this case, she must either submit an affidavit from law enforcement stating that there is no ongoing investigation or withdraw her report to law enforcement.
Signed by Judge Roy K. Altman on 9/16/2026. (skl)