Jelena Petrovic v. Princess Cruise Lines, LTD (CORP.)

Filing 7

REPORT AND RECOMMENDATION recommending that Parties' Joint Motion to Enter Stipulation Referring Case to Arbitration, ECF No. #6 , be granted. Objections to R&R due by 6/2/2021. Signed by Magistrate Judge Jacqueline Becerra on 6/1/2021. See attached document for full details. (nco)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 1:21-CV-21399-JLK
JELENA PETROVIC, as
Personal Representative of the Estate of
BORKO B. PETROVIC,
Decedent,
Plaintiff,
v.
PRINCESS CRUISE LINES, Ltd. (Corp.),
Defendant.
_______________________________/
REPORT AND RECOMMENDATION ON JOINT MOTION
TO ENTER STIPULTION REFERRING CASE TO ARBITRATION
THIS CAUSE is before the Court on the Parties’ Joint Motion to Enter Stipulation
Referring Case to Arbitration in Bermuda (“Motion”). ECF No. [6]. After due consideration of
the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises,
it is hereby RECOMMENDED that the Motion, ECF No. [6], be GRANTED.
On April 12, 2021, Defendant, Princess Cruise Lines, filed its Notice of Removal of the civil
action to the Southern District of Florida, ECF No. [1]. Upon removal, Defendant filed a Motion
to Compel Arbitration, ECF No. [3], to which Plaintiff did not respond. Thereafter, the Parties
jointly filed the instant Motion requesting the Court to enter an order referring the case to
arbitration.
Given that the Motion has been jointly filed, the Court RECOMMENDS that the Motion, ECF
No. [6], be GRANTED, and that Defendant’s Motion to Compel Arbitration, ECF No. [3], be
DENIED as MOOT.

A party shall serve and file written objections, if any, to this Report and Recommendation with
the United States District Court Judge for the Southern District of Florida, within ONE (1) DAY
of filing this Report and Recommendation. Given that the Motion has been jointly filed, the
undersigned finds that one day is sufficient time for the parties to file their objections. Failure to
timely file objections will bar a de novo determination by the District Judge of anything in this
Recommendation and shall constitute a waiver of a party’s “right to challenge on appeal the district
court’s order based on unobjected-to factual and legal conclusions.” 11th Cir. R. 3-1 (2016); 28
U.S.C. § 636(b)(1)(C); see also Harrigan v. Metro-Dade Police Dep’t Station #4, 977 F.3d 1185,
1191–92 (11th Cir. 2020).

DONE AND SUBMITTED in Chambers at Miami, Florida, this 1 day of June, 2021.
__________________________
JACQUELINE BECERRA
UNITED STATES MAGISTRATE JUDGE