Doe v. Carnival Corporation

Filing 399

ORDER Adopting 390 Report and Recommendations; granting 321 Motion for Judgment. Signed by Judge Kathleen M. Williams on 8/30/2024. See attached document for full details. (pcs)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 19-24766-CV-WILLIAMS
JANE DOE,
Plaintiff,
v.
CARNIVAL CORPORATION,
Defendant.

/
ORDER

THIS MATTER is before the Court on Magistrate Judge Edwin G. Torres’ Report
and Recommendation (DE 390) (“Report”) on Plaintiff’s Motion to Enter Judgment,
including pre-judgment interest on her past damages and post-judgment interest (DE 321)
(“Motion”), against Defendant Carnival Corporation (“Defendant”). Defendant filed an
opposition (DE 322) and Plaintiff filed a reply (DE 324). Following an evidentiary hearing
in the case on other matters, Defendant filed with the Court’s leave a supplemental brief
regarding pre-judgment interest (DE 376) and Plaintiff filed an amended proposed final
judgment (DE 381). On August 9, 2024, Plaintiff filed an updated amended proposed
final judgment. (DE 397.) In the Report, Judge Torres recommends that the Motion be
granted. (DE 390 at 1.) Defendant filed an Objection to the Report. (DE 393.) The Court
conducted a de novo review of the portions of the Report to which Defendants objected
and a review of the remainder of the Report for clear error. 1

The Court notes that Defendant’s objections merely rehash arguments that were
presented to Judge Torres, or simply disagree with the Report’s conclusion. However, it
is well settled that an objecting party may not “submit [] papers to a district court which
are nothing more than a rehashing of the same arguments and positions taken in the
1

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Having carefully reviewed the Report, the Objection, the record, and applicable
law, it is ORDERED AND ADJUDGED as follows:
1.

The Report (DE 390) is AFFIRMED AND ADOPTED.

2.

Plaintiff’s Motion to Enter Judgement (DE 321) is GRANTED.

3.

The CLERK is DIRECTED to enter final judgment in favor of Plaintiff and
against Defendant in the form and amount proposed by Plaintiff (DE 3971), with additional pre-judgment interest in the amount of $1,157.93 per day
from August 10, 2024 through today’s date added to the final judgment, as
specified by Plaintiff (see DE 397 at 2), for the total amount of
$12,367,229.90.

DONE AND ORDERED in Chambers in Miami, Florida, this 30th day of
August, 2024.

original papers submitted to the Magistrate Judge. Clearly, parties are not to be afforded
a ‘second bite at the apple’ when they file objections to a [Report].” Marlite, Inc. v.
Eckenrod, 2012 WL 3614212, at *2 (S.D. Fla. Aug. 21, 2012) (quoting Camardo v. Gen.
Motors Hourly-Rate Emps. Pension Plan, 806 F. Supp. 380, 382 (W.D.N.Y. 1992)).
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