Havana Docks Corporation v. Carnival Corporation

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

HAVANA DOCKS CORPORATION,

Plaintiff, Case No. 19-cv-21724 v. BLOOM/MCALILEY

CARNIVAL CORPORATION,

Defendant. /

Plaintiff, Case No. 19-cv-23588 v. BLOOM/LOUIS

MSC CRUISES SA,

MSC CRUISES SA CO, and

MSC CRUISES (USA) INC.,

Defendants. /

Plaintiff, Case No. 19-cv-23590 v. BLOOM/LOUIS

ROYAL CARIBBEAN CRUISES,

LTD.,

Defendant.

/

Plaintiff, Case No.: 19-cv-23591 BLOOM/LOUIS v.

NORWEGIAN CRUISE LINE HOLDINGS, LTD.,

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATIONS THIS CAUSE is before the Court upon Plaintiff's Motion to Preclude Ambar Diaz from Testifying Before a Jury and for the Court to Disregard or Reject Her Report and Testimony Under Fed. R. Civ. P. 44.1, ECF No. [366], filed on October 18, 2021 (“Motion”). The Motion was previously referred to the Honorable Chris M. McAliley for a Report and Recommendations (“R&R”). See ECF No. [393]. On December 3, 2021, the Magistrate Judge issued a R&R recommending that the Motion be denied. ECF No. [416]. The R&R advised the parties to file any written objections within fourteen days of receipt of the R&R. Jd. To date, the parties have not filed objections or sought additional time in which to do so. Nevertheless, the Court has conducted a de novo review of the R&R and the record in this case and is otherwise fully advised. See Williams v. McNeil, 557 F.3d 1287, 1291 (11th Cir. 2009) (citing 28 U.S.C. § 636(b)(1)). Upon review, the Court finds the R&R to be well reasoned and correct. The Court therefore agrees with the analysis in the R&R and concludes that the Motion must be DENIED for the reasons set forth therein. Accordingly, it is ORDERED and ADJUDGED as follows: 1. The R&R, ECF No. [416], is ADOPTED. 2. The Motion, ECF No. [366], is DENIED. DONE AND ORDERED in Chambers at Miami, Florida, December 22, 2021.

BETH BLOOM UNITED STATES DISTRICT JUDGE Copies to: Counsel of Record