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)

Download PDF
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. Page 1 of 2 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. Page 2 of 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?