Tundidor v. Carnival Corporation

United States District Court for the Southern District of Florida

Tundidor v. Carnival Corporation

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 1:19-cv-25137-GAYLES/OTAZO-REYES

LEONARDO TUNDIDOR,

Plaintiff,

v.

CARNIVAL CORPORATION,

Defendant. ______________________________________/

ORDER

THIS CAUSE comes before the Court on Magistrate Judge Alicia M. Otazo-Reyes’ Report and Recommendation (the “Report”), [ECF No. 152], regarding Plaintiff Leonardo Tundidor’s (“Plaintiff”) Omnibus Motion in Limine (“Plaintiff’s Motion in Limine”), [ECF No. 92], and Defendant Carnival Corporation’s (“Defendant”) Omnibus Motion in Limine (“Defendant’s Motion in Limine”), [ECF No. 96]. On December 30, 2022, the Court referred this case to Judge Otazo-Reyes, pursuant to

28 U.S.C. § 636

(b)(1)(B), for a ruling on all pre-trial, non- dispositive matters and a report and recommendation on all dispositive matters. [ECF No. 142]. On January 23, 2022, Judge Otazo-Reyes issued her Report recommending that the Court grant Plaintiff’s Motion in Limine in part, and grant Defendant’s Motion in Limine in part. [ECF No. 152]. Defendant filed timely objections. [ECF No. 156]. Plaintiff filed timely responses to Defendant’s objections. [ECF No. 160]. Defendant filed a reply. [ECF No. 161]. A district court may accept, reject, or modify a magistrate judge’s report and recommendation.

28 U.S.C. § 636

(b)(1). Those portions of the report and recommendation to which objections are made are accorded de novo review, if those objections “pinpoint the specific findings that the party disagrees with.” United States v. Schultz,

565 F.3d 1353, 1360

(11th Cir. 2009); see Fed. R. Civ. P. 72(b)(3). Any portions of the report and recommendation to which no specific objections are made are reviewed only for clear error. Liberty Am. Ins. Grp., Inc. v. WestPoint Underwriters, L.L.C.,

199 F. Supp. 2d 1271, 1276

(M.D. Fla. 2001); accord Macort v. Prem, Inc.,

208 F. App’x 781, 784

(11th Cir. 2006). Having conducted a de novo review of the record, the Court agrees with Judge Otazo- Reyes’ well-reasoned analysis and conclusion that Plaintiff's Motion in Limine be granted in part, and Defendant’s Motion in Limine be granted in part. Accordingly, it is ORDERED AND ADJUDGED as follows: 1. Magistrate Judge Alicia M. Otazo-Reyes’ Report and Recommendation, [ECF No. 152], is AFFIRMED AND ADOPTED and incorporated into this Order by reference. 2. Plaintiff Leonardo Tundidor’s Omnibus Motion in Limine, [ECF No. 92], 1s GRANTED in part. 3. Defendant Carnival Corporation’s Omnibus Motion in Limine, [ECF No. 96], is GRANTED in part. DONE AND ORDERED in Chambers at Miami, Florida, this 4th day of August, 2023.

Df Bl 4 UNITED STATES DISTRICV JUDGE

Reference

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