Perera v. Carnival Corporation

Filing 27

ORDER ADOPTING REPORT AND RECOMMENDATIONS adopting Report and Recommendations re 25 Report and Recommendations on 9 Motion to Dismiss 1 Complaint for Failure to State a Claim filed by Carnival Corporation; granting in part and denying in part 9 Motion to Dismiss 1 Complaint for Failure to State a Claim. Dismissing Count IV of Complaint without prejudice. Signed by Judge Kathleen M. Williams on 5/9/2024. See attached document for full details. (ls)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 23-24663-CV-WILLIAMS
NESTOR PERERA,
Plaintiff,
v.
CARNIVAL CORPORATION,
Defendant.
_____________________________________/
ORDER
THIS MATTER is before the Court on Magistrate Judge Jonathan Goodman’s
Report and Recommendation (DE 25) (“Report”) on Defendant’s Motion to Dismiss
Complaint (DE 9) (“Motion”). In the Report, Magistrate Judge Goodman recommends
that the Court grant in part and deny in part Defendant’s Motion, with leave for Plaintiff
file an amended complaint. (DE 25 at 2–3.) Specifically, the Report finds that Plaintiff
sufficiently alleged facts to support his claims regarding negligent maintenance (“Count
I”), negligent failure to warn (“Count II”), negligent training (“Count III”) and negligent
design (“Count V”) but insufficiently alleged facts to support his claim of negligent
supervision (“Count IV”). (Id.) No objections were filed to the Report, and the time to do
so has passed.
Upon an independent review of the Report, the Motion, the record, and applicable
law, it is ORDERED AND ADJUDGED as follows:
1. The Report (DE 25) is AFFIRMED AND ADOPTED.

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2. Defendant’s Motion to Dismiss Complaint (DE 9) is GRANTED IN PART AND
DENIED IN PART.
3. Count IV of Plaintiff’s Complaint is DISMISSED without prejudice.
4. WITHIN TEN (10) DAYS of the date of this Order, Plaintiff may file an amended
complaint that remedies the defects identified in the Complaint.
DONE AND ORDERED in Chambers in Miami, Florida, on this 9th day of May,
2024.

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