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340 Marine | Florida Southern
Complaint
COMPLAINT against Carnival Corporation d/b/a Carnival Cruise Line. Filing fees $ 405.00 receipt number AFLSDC-19701840, filed by BRITTNEY MARCANO. (Attachments: # 1 Civil Cover Sheet)(Carlin, Elizabeth) (Entered: 06/30/2026)
Marine | Florida Southern
- Order (PAPERLESS or pdf attached)
PAPERLESS ORDER on 6 Defendant's Motion to Dismiss Plaintiff's Vicarious Liability Claims, Counts II and IV, from Plaintiff's Complaint ("Motion"). The Motion argues that Counts II and IV of Plaintiff's Complaint, which allege vicarious liability, should be dismissed because (1) Plaintiff does not sufficiently identify the allegedly negligent crewmember(s); and (2) Plaintiff's claims for vicarious liability for negligent maintenance and failure to warn are improper because they are limited to direct liability. See generally Mot.
Without expressing any views as to the Motion's merits, the Court reminds Plaintiff that she may cure the purported pleading defects by filing an amended complaint pursuant to Fed. R. Civ. P. 15(a)(1)(B). Accordingly, Plaintiff is ORDERED to either amend her Complaint on or before July 20, 2026, or respond to the Motion on or before July 13, 2026. Should Plaintiff wish to avail herself of the opportunity to amend the Complaint, she shall file a notice on or before July 13, 2026, indicating her intent.
Signed by Judge Rodolfo A. Ruiz, II on 6/29/2026. (adn)
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