Mayer v. Carnival Corporation

Florida Southern District Court
Judge:	Roy K Altman
Referred:	Eduardo I Sanchez
Case #:	1:24-cv-20160
Nature of Suit	340 Torts - Personal Injury - Marine
Cause	28:1333 Admiralty

Case Filed:	Jan 15, 2024
Terminated:	Jun 11, 2024

Last checked: Saturday Jul 13, 2024 5:56 AM EDT

Defendant Carnival Corporation	Represented By Jordan Michael Greenberg contact info Jacob Paul Irmen Horr Skipp And Perez contact info Merle Huber Wood Smith Henning & Berman LLP contact info David James Horr Horr Novak & Skipp, P.A. contact info
Mediator Michael P. Essington 1221 Brickell Ave., #2400 Miami, FL 33131
Plaintiff Lynn Mayer 2883 Executive Park Drive Suite 103 Weston Weston, FL 33331	Represented By Whitney Page Law Offices Of Jason Turchin contact info Jason Scott Turchin Law Offices Of Jason Turchin contact info

	GPO Mar 06 2024 ORDER on Motion to Dismiss:granting 19 Motion to Dismiss for Failure to State a Claim. Amended Complaint due by 3/20/2024. Signed by Judge Roy K. Altman on 3/6/2024. See attached document for full details. (pc)
	GPO Apr 23 2024 ed text per chambers on 4/24/2024 (mf).VACATED per DE28 re: Order on Motion to Dismiss: denying 24 Motion to Dismiss for Failure to State a Claim. Amended Complaint due by 5/7/2024. Signed by Judge Roy K. Altman See attached document for full details. (pc) Modifi
	GPO Apr 24 2024 CORRECTED ORDER ON MOTION TO DISMISS: re 24 Defendant's MOTION TO DISMISS 23 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM filed by Carnival Corporation. The Motion to Dismiss is GRANTED in part and DENIED in part. Signed by Judge Roy K. Altman on 4/24/2024. See attached document for full details. (pc)

Docket last updated: 04/24/2025 11:59 PM EDT

Wednesday, July 10, 2024
38		38 1 pgs order Order Dismissing/Closing Case or Party Wed 07/10 10:55 AM ORDER OF DISMISSAL (With Prejudice) Signed by Judge Roy K. Altman on 7/9/2024. See attached document for full details. (pc) Related: [-]
Tuesday, July 09, 2024
37		37 misc Stipulation of Dismissal - aty Tue 07/09 3:50 PM STIPULATION of Dismissal with Prejudice (Joint) by Carnival Corporation(Irmen, Jacob) Related: [-]
		Att: 1 Text of Proposed Order
Tuesday, June 11, 2024
36		36 order Administrative Order Tue 06/11 2:46 PM Order Administratively Closing Case. Signed by Judge Roy K. Altman on 6/11/2024. See attached document for full details. (drz) Related: [-]
35		35 notice Notice of Settlement - aty Tue 06/11 1:45 PM NOTICE of Settlement by Lynn Mayer (Page, Whitney) Related: [-]
Monday, May 20, 2024
34		34 order Order on Motion to Withdraw as Attorney Mon 05/20 8:13 PM PAPERLESS ORDER granting 33 the Motion to Withdraw. Merle Huber is withdrawn from the case. The Clerk of the Court is directed to TERMINATE Merle Huber as counsel of record for the Defendant. Signed by Judge Roy K. Altman on 5/20/2024. (lcr) Related: [-]
33		33 motion Withdraw as Attorney Mon 05/20 12:53 PM MOTION to Withdraw as Attorney by Merle Huber for / by Carnival Corporation. Responses due by 6/3/2024. (Huber, Merle) Related: [-]
Wednesday, May 15, 2024
32		32 answer Answer to Amended Complaint Wed 05/15 5:52 PM Defendant's ANSWER and Affirmative Defenses to Amended Complaint Second Amended by Carnival Corporation. (Irmen, Jacob) Related: [-]
Thursday, May 09, 2024
31		31 6 pgs order Order on Motion to Amend/Correct Thu 05/09 3:40 PM ORDER DENYING MOTION FOR LEAVE TO AMEND SECOND AMENDED COMPLAINT re30 Motion to Amend/Correct. Signed by Judge Roy K. Altman on 5/9/2024. See attached document for full details. (pc) Related: [-]
Wednesday, May 08, 2024
30		30 motion Amend/Correct Wed 05/08 4:21 PM Plaintiff's MOTION to Amend/Correct Second Amended Complaint by Lynn Mayer. Responses due by 5/22/2024.(Page, Whitney) Related: [-]
		Att: 1 Exhibit Third Amended Complaint
29		29 order - Order (PAPERLESS or pdf attached) Wed 05/08 10:30 AM PAPERLESS ORDER . On April 24, 2024, we entered28 our Order Granting in Part and Denying in Part the Motion to Dismiss. In that Order, we granted the Defendant's Motion to Dismiss Count III (Negligent Failure to Train) and the Defendant's Motion to Dismiss the Plaintiff's request for punitive damages without prejudice. Id . at 13. We further held that, "[b]y May 7, 2024 , the Plaintiff may file an amended complaint that remedies the deficiencies we've identified in Count III and in her request for punitive damages." Ibid . That deadline has passed, and the Plaintiff hasn't filed an amended complaint. See generally Docket. Accordingly, Count III of the Complaint and the Plaintiff's punitive-damages claim are DISMISSED . The Second Amended Complaint24 shall remain the operative complaint moving forward. Signed by Judge Roy K. Altman on 5/8/2024. (lcr) Related: [-]
Wednesday, April 24, 2024
28		28 order - Order (PAPERLESS or pdf attached) Wed 04/24 1:38 PM CORRECTED ORDER ON MOTION TO DISMISS: re24 Defendant's MOTION TO DISMISS23 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM filed by Carnival Corporation. The Motion to Dismiss is GRANTED in part and DENIED in part. Signed by Judge Roy K. Altman on 4/24/2024. See attached document for full details. (pc) Related: [-]
Tuesday, April 23, 2024
27		27 13 pgs order Order on Motion to Dismiss for Failure to State a Claim Wed 04/24 9:02 AM VACATED per DE28 re: Order on Motion to Dismiss: denying24 Motion to Dismiss for Failure to State a Claim. Amended Complaint due by 5/7/2024. Signed by Judge Roy K. Altman See attached document for full details. (pc) Modified text per chambers on 4/24/2024 (mf) Related: [-]
Friday, March 29, 2024
26		26 respm Reply to Response to Motion Fri 03/29 2:19 PM Defendant's REPLY to Response to Motion re24 Defendant's MOTION TO DISMISS23 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM filed by Carnival Corporation. (Huber, Merle) Related: [-]
Friday, March 22, 2024
25		25 respm Response to Motion Fri 03/22 4:28 PM RESPONSE to Motion re24 Defendant's MOTION TO DISMISS23 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM filed by Lynn Mayer. Replies due by 3/29/2024. (Turchin, Jason) Related: [-]
Thursday, March 21, 2024
24		24 motion Dismiss for Failure to State a Claim Thu 03/21 10:05 AM Defendant's MOTION TO DISMISS23 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by Carnival Corporation. Responses due by 4/4/2024.(Irmen, Jacob) Related: [-]
		Att: 1 Text of Proposed Order
Thursday, March 07, 2024
23		23 cmp Amended Complaint/Amended Notice of Removal Thu 03/07 4:05 PM Second AMENDED COMPLAINT against Carnival Corporation, filed by Lynn Mayer.(Page, Whitney) Related: [-]
Wednesday, March 06, 2024
22		22 5 pgs order Order on Motion to Dismiss for Failure to State a Claim Wed 03/06 1:31 PM ORDER on Motion to Dismiss:granting19 Motion to Dismiss for Failure to State a Claim. Amended Complaint due by 3/20/2024. Signed by Judge Roy K. Altman on 3/6/2024. See attached document for full details. (pc) Related: [-]
Tuesday, March 05, 2024
21		21 respm Response to Motion Tue 03/05 9:02 AM RESPONSE to Motion re19 Defendant's MOTION TO DISMISS16 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM filed by Lynn Mayer. Replies due by 3/12/2024. (Page, Whitney) Related: [-]
Monday, March 04, 2024
20		20 2 pgs order Order Referring Case to Magistrate Judge Mon 03/04 10:37 AM ORDER Referring Certain Matters to Magistrate Judge Eduardo I. Sanchez for Pretrial Non-Dispositive Matters. Magistrate Judge Jacqueline Becerra no longer assigned as presider/referral judge(s) in case. Signed by Judge Roy K. Altman on 3/2/2024. See attached document for full details. (pc) Related: [-]
Friday, March 01, 2024
19		19 motion Dismiss for Failure to State a Claim Fri 03/01 4:18 PM Defendant's MOTION TO DISMISS16 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by Carnival Corporation. Responses due by 3/15/2024.(Irmen, Jacob) Related: [-]
		Att: 1 Text of Proposed Order
Tuesday, February 20, 2024
18		18 1 pgs order Order Scheduling Mediation Wed 02/21 9:00 AM ORDER Scheduling Mediation before Michael P. Essington Esq. Mediation Hearing set for 9/4/2024 09:00 AM via video conference. Signed by Judge Roy K. Altman on 2/20/2024. See attached document for full details. (pc) Related: [-]
Friday, February 16, 2024
17		17 order Order on Motion to Dismiss for Failure to State a Claim Fri 02/16 10:29 PM PAPERLESS ORDER denying as moot 7 the Defendant's Motion to Dismiss in light of the Plaintiff's Amended Complaint16 . The Defendant shall respond to the Amended Complaint by March 1, 2024. Signed by Judge Roy K. Altman on 2/16/2024. (lcr) Related: [-]
16		16 cmp Amended Complaint/Amended Notice of Removal Fri 02/16 4:52 PM First AMENDED COMPLAINT against Carnival Corporation, filed by Lynn Mayer.(Page, Whitney) Related: [-]
15		15 adr Notice of Mediator Selection and/or Hearing Fri 02/16 4:23 PM Joint NOTICE of Mediator Selection and Hearing. Selected/Added Lynn Mayer, Michael P. Essington as Mediator. Mediation Hearing set for 09/04/2024 at 9:00 A.M..(Page, Whitney) Related: [-]
		Att: 1 Text of Proposed Order Proposed Mediation Order
		utility ~Util - Set/Reset Response/Answer Due Deadline Tue 02/20 8:21 AM Reset Response/Answer Due Deadline: Carnival Corporation response/answer due 3/1/2024. PER DE#17 (cds) Related: [-]
Monday, February 12, 2024
14		14 order Scheduling Order Order Referring Case to Mediation Order Referring Case to Magistrate Judge Mon 02/12 11:25 AM ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: (Jury Trial set for 1/9/2025 in Miami Division before Judge Roy K. Altman., Calendar Call set for 1/3/2025 01:45 PM in Miami Division before Judge Roy K. Altman., Amended Pleadings due by 3/29/2024., Discovery due by 9/13/2024., Expert Discovery due by 9/13/2024., Joinder of Parties due by 3/29/2024., Mediation Deadline 9/27/2024., In Limine Motions due by 12/5/2024., Dispositive Motions due by 10/5/2024., Motions due by 10/5/2024., Pretrial Stipulation due by 12/26/2024.) (Mediation Deadline 9/27/2024.), ORDER REFERRING CASE to Magistrate Judge all Pretrial Non Dispositive and Discovery Matters. Signed by Judge Roy K. Altman on 2/9/2024. See attached document for full details. (pc) Related: [-]
13		13 misc Certificate of Other Affiliates/Corporate Disclosure Statement Mon 02/12 11:02 AM Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Carnival Corporation (Huber, Merle) Related: [-]
Friday, February 09, 2024
12		12 misc Scheduling Report - Rule 26(f)/16.1 Fri 02/09 4:25 PM Joint SCHEDULING REPORT - Rule 16.1 by Carnival Corporation(Huber, Merle) Related: [-]
		Att: 1 Exhibit Proposed scheduling order
Thursday, February 08, 2024
11		11 1 pgs order Order Requiring Joint Scheduling Report Thu 02/08 10:43 AM Order Requiring Joint Scheduling Report and Certificates of Interested Parties: Joint Scheduling Report due by 2/14/2024 Signed by Judge Roy K. Altman on 2/7/2024. See attached document for full details. (pc) Related: [-]
Wednesday, February 07, 2024
10		10 notice Notice of Attorney Appearance Wed 02/07 12:02 PM NOTICE of Attorney Appearance by David James Horr on behalf of Carnival Corporation. Attorney David James Horr added to party Carnival Corporation(pty:dft). (Horr, David) Related: [-]
9		9 notice Notice of Attorney Appearance Wed 02/07 11:58 AM NOTICE of Attorney Appearance by Jordan Michael Greenberg on behalf of Carnival Corporation. Attorney Jordan Michael Greenberg added to party Carnival Corporation(pty:dft). (Greenberg, Jordan) Related: [-]
8		8 notice Notice of Attorney Appearance Wed 02/07 11:36 AM NOTICE of Attorney Appearance by Merle Huber on behalf of Carnival Corporation. Attorney Merle Huber added to party Carnival Corporation(pty:dft). (Huber, Merle) Related: [-]
7		7 motion Dismiss for Failure to State a Claim Wed 02/07 11:16 AM Defendant's MOTION TO DISMISS1 Complaint FOR FAILURE TO STATE A CLAIM by Carnival Corporation. Attorney Jacob Paul Irmen added to party Carnival Corporation(pty:dft). Responses due by 2/21/2024.(Irmen, Jacob) Related: [-]
		Att: 1 Text of Proposed Order
Wednesday, January 17, 2024
6		6 service Summons (Affidavit) Returned Executed Wed 01/17 3:53 PM SUMMONS (Affidavit) Returned Executed on1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Lynn Mayer. Carnival Corporation served on 1/17/2024, response/answer due 2/7/2024. (Page, Whitney) Related: [-]
Tuesday, January 16, 2024
5		5 misc Certificate of Other Affiliates/Corporate Disclosure Statement Tue 01/16 10:46 AM Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by Lynn Mayer (Page, Whitney) Related: [-]
4		4 notice Notice of Pending, Refiled, Related or Similar Actions Tue 01/16 10:45 AM Notice of NO Pending, Refiled, Related or Similar Actions by Lynn Mayer (Page, Whitney) Related: [-]
Monday, January 15, 2024
3		3 service Summons Issued Tue 01/16 10:06 AM Summons Issued as to Carnival Corporation. (pc) Related: [-]
2		2 order Clerk's Notice of Judge Assignment and Optional Consent Tue 01/16 10:03 AM Clerks Notice of Judge Assignment to Judge Roy K. Altman and Magistrate Judge Jacqueline Becerra. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jacqueline Becerra is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (pc) Related: [-]
1		1 4 pgs cmp Complaint Mon 01/15 1:41 PM COMPLAINT against Carnival Corporation. Filing fees $ 405.00 receipt number AFLSDC-17212711, filed by Lynn Mayer.(Page, Whitney) Related: [-]
		Att: 1 Summon(s),
		Att: 2 Civil Cover Sheet

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