LIEBERMAN et al v. CARNIVAL CRUISE LINES et al

Filing 30

ORDER ADOPTING REPORT AND RECOMMENDATIONS denying 17 Motion to Dismiss/Lack of Jurisdiction,, filed by CARNIVAL CRUISE LINES, 25 Report and Recommendations. Signed by Judge Jose L. Linares on 8/6/14. (DD, )

NOT FOR PUBLICATION

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

In the Matter of

Civil Action No.: 13-47 16 (JLL)

TAMMY AND ERIC LIEBERMAN,

Plaintiffs,
v.
CARNIVAL CRUISE LINES, et al.,
Defendants.

LINARES, District Judge.

This matter comes before the Court by way of Defendant Carnival Cruise
Lines
(“Defendant”)’s motion to dismiss pursuant to Federal Rules of Civil Proced
ure 12(b)(l),
12(b)(2), 12(b)(3) and 12(b)(6). [Docket Entry No. 17]. This Court referre
d Plaintiff’s motion
to the Honorable Joseph A. Dickson, Unites States Magistrate Judge, pursua
nt to 28 U.S.C.

§

636 (b)(l)(A). Magistrate Judge Dickson filed a Report and Recommenda
tion on April 28,
2014 in which he recommended that Defendant’s motions to dismiss be charac
terized as a
motion to transfer to the Southern District of Florida pursuant to 28 U.S.C.

§ 1404(a), and that

the motion to transfer should be denied. [Docket Entry No. 25]. On
May 12, 2014, Defendants
filed an Objection to Magistrate Judge Dickson’s Report and Recom
mendation. [Docket Entry
No. 26]. The Court decides this matter without oral argument pursua
nt to Federal Rule of Civil
1

Procedure 78.

For the reasons set forth in this Court’s corresponding Opinion,

IT IS on this t day of August, 2014,

ORDERED that the Report and Recommendation of Magistrate Judge Dickson, filed on
April 28, 2014 [Docket Entry No. 25], is hereby ADOPTED as the findings of fact and conclusions
of law of this Court; and it is further
ORDERED that defendants’ motion to dismiss or transfer [Docket Entry No. 17] is
denied.
IT IS SO ORDERED.

Jcse’L Linares
Uiited States District Judge

2