Ure et al v. Oceania Cruises, Inc. et al

Filing 66

ORDER granting 65 Motion for Reconsideration. Signed by Judge Darrin P. Gayles on 11/20/2014. (hs01)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO.: 14-21340-CIV-GAYLES/TURNOFF
DIANE URE and THOMAS URE, JR.,
Plaintiffs,
v.
OCEANIA CRUISES, INC. et al.,
Defendants.
___________________________________________/
ORDER GRANTING MOTION FOR RECONSIDERATION
THIS CAUSE comes before the Court upon Plaintiffs’ Motion for Reconsideration and
Rehearing of this Court’s Order on Motion to Dismiss Plaintiff’s Complaint, which has been
Implicitly Overturned by the Eleventh Circuit [ECF 65]. The Court has reviewed the Motion,
the pertinent portions of the record and is otherwise fully advised in the premises. Based
thereon, it is
ORDERED AND ADJUDGED that Plaintiffs’ Motion for Reconsideration is
GRANTED in light of the Eleventh Circuit’s ruling in Franza v. Royal Caribbean Cruises, Inc.,
Case No. 13-13067-DD (11th Cir. Nov. 11, 2014). It is further,
ORDERED AND ADJUDGED that Defendant Oceania Cruises, Inc.’s Motion to
Dismiss the Plaintiffs’ Complaint is GRANTED in PART and DENIED in PART. Counts II,
IV, V, and VI remain DISMISSED without prejudice. Counts I, III, and VIII may proceed as
pled.
DONE AND ORDERED in Chambers at Miami, Florida this 20th day of November,
2014.
_____________________________
DARRIN P. GAYLES
UNITED STATES DISTRICT JUDGE