Briem et al v. Holiday Water Sports Ft Myers Beach, Inc. et al

Filing 44

ORDER lifting stay. By April 13, 2021, the parties will confer and file a joint Uniform Case Management Report found on the assigned judges' websites. Thereafter, the Court will schedule a preliminary pretrial conference by separate notice. Signed by Magistrate Judge Nicholas P. Mizell on 3/15/2021. (brh)

Case 2:18-cv-00301-JLB-NPM Document 44 Filed 03/15/21 Page 1 of 2 PageID 239

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
IN ADMIRALTY
MARIA BRIEM and TORSTEN
BRIEM,
Plaintiffs,
v.

Case No. 2:18-cv-301-JLB-NPM

HOLIDAY WATER SPORTS FT.
MYERS BEACH, INC. and JACK
GRADDY,
Defendants.
ORDER
Plaintiffs Maria Briem and Torsten Briem brought this personal injury action
against Defendants Holiday Water Sports Ft. Myers Beach, Inc. and Jack Graddy
relating to injuries sustained by Maria Briem from a wave-runner incident. (Doc. 8).
Nearly six months after filing this action, Holiday Water Sports filed an exoneration
from or limitation of liability action regarding the same incident. (See In re: Holiday
Water Sports Ft. Myers Beach, Inc., for Exoneration from or Limitation of Liability
as the owner of a fleet of Yamaha Wave Runners, No. 2:18-cv-663-FtM-JLB-NPM).
As a result, the personal injury action was stayed pending a resolution of the
limitation action. (Doc. 40).

Case 2:18-cv-00301-JLB-NPM Document 44 Filed 03/15/21 Page 2 of 2 PageID 240

In the limitation action, the Briems moved to lift the stay of any claim arising
out of the incident and requested the limitation action be stayed until the conclusion
of the personal injury action. (See Doc. 43; see also Doc. 49, No. 2:18-cv-663-JLBNPM). The Court granted the relief conditioned upon the Briems filing certain sworn
stipulations, which they have done. (See Docs. 71, 76, No. 2:18-cv-663-JLB-NPM).
The Court finds the stipulations comply with the February 12, 2021 Order in the
limitation action. (Docs. 71, 76, No. 2:18-cv-663-JLB-NPM).
Accordingly, the Court lifts the stay in this action. By April 13, 2021, the
parties will confer and file a joint Uniform Case Management Report found on the
assigned judges’ websites. Thereafter, the Court will schedule a preliminary pretrial
conference by separate notice. The Clerk is directed to remove the stay flag.
DONE and ORDERED in Fort Myers, Florida on March 15, 2021.

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