This case was last updated from U.S. District Courts on 07/25/2022 at 09:18:18 (UTC).

Doe v. Carnival Corporation

Case Summary

On November 18, 2019, Jane Doe (“Plaintiff”), represented by Daniel W. Courtney of Daniel W. Courtney, P.A., filed a personal injury lawsuit against Carnival Corporation d/b/a Carnival Cruise Line (“Defendant”), represented by Curtis J. Mase, Lauren A. Levitt, Lauren Nicole Cabeza, Tyler J. Rauh and William R. Seitz of Mase Mebane & Briggs, P.A., seeking damages for alleged negligent hiring and retaining by the defendant. This case was filed in the U.S. District Court for the Southern District of Florida, with Judges Kathleen M. Williams and Edwin G. Torres presiding.

In the complaint, the plaintiff claimed, “The incident occurred on the vessel in a maintenance closet onboard the Carnival Miracle, a ship in navigable waters while the Plaintiff was a passenger aboard. Accordingly, the Plaintiff’s claims are governed by the General Maritime Law.”

Plaintiff then claimed that “Plaintiff was a passenger on the subject cruise ship described herein and, accordingly, was an invitee while on the vessel. The Plaintiff does not have a copy of the subject ticket but the Defendant does.”

Plaintiff alleged, “On or about December 1, 2018, one of CARNIVAL’s employees sexually assaulted DOE.” 

Plaintiff further alleged that “DOE went up a stairwell. At the top was a CARNIVAL employee” and “Once DOE reached the top of the stairs, the subject employee lured DOE into a closet. He went inside the closet with her, locked the door, raped her, and ejaculated on her.”

The plaintiff also alleged, “Ship security questioned DOE and FBI agents came on the ship and questioned DOE. DOE correctly identified CARNIVAL's rapist employee” and “DOE was subjected to numerous episodes of humiliation following the medical examination where she had to walk through dozens of passengers who were waiting to disembark the ship. They were ogling her as she passed through them in just a t-shirt as she was not provided any fresh clothes to wear."

Plaintiff then alleged, “Following the cruise, DOE followed up with CARNIVAL to see if the subject employee had been fired, if any disciplinary action was taken, and/or if he was arrested. CARNIVAL did not respond” and “The subject employee’s acts were intentional, willful, wanton, outrageous, and in reckless disregard and indifference of the rights of DOE.”

The plaintiff further alleged, “CARNIVAL knew or in the exercise of reasonable care should have known that on board its cruise ships there have been numerous assaults, batteries, sexual assaults and batteries, rapes, and attacks perpetrated by crew on passengers” and “The Defendant cruise line breached its duty to exercise reasonable care under the circumstances by its actions and conduct.”

Plaintiff additionally alleged, “CARNIVAL by failing to hire, screen, monitor, supervise, train, and retain crewmembers reasonably and properly proximately caused and allowed this attack and the injuries and damages suffered by the Plaintiff. The injuries and damages suffered by the Plaintiff as a result of the negligence of the Defendant include but are not limited to economic damages in the past and in the future on a permanent basis.”

Plaintiff presented six claims for relief, including claims for Defendant’s alleged negligent hiring, screening, supervising, monitoring, training and retaining, negligent procedures and operations. Plaintiff also presented claims for Defendant’s alleged negligent and intentional infliction of emotional distress, false imprisonment and sexual assault of passenger.

In the prayer for relief, the plaintiff requested an award for damages including economic damages, medical care and treatment, non-economic damages and interests and costs.

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:19-CV-24766

  • Filing Date:

    11/18/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Marine

Judge Details

Presiding Judge

Kathleen M. Williams

Referral Judge

Edwin G. Torres

 

Party Details

Plaintiff

Jane Doe

Miami, FL 33131

Defendants

CARNIVAL CORPORTAION

Carnival Corporation

1200 South Pine Island Road

Plantation, FL 33324

Carnival Corporation doing business as Carnival Cruise Line

1200 South Pine Island Road

Plantation, FL 33324

Attorney/Law Firm Details

Plaintiff Attorney

Daniel Warren Courtney

Attorney at Daniel W. Courtney, P.A.

10800 Biscayne Blvd, Suite 700

Miami, FL 33161

Defendant Attorneys

Lauren Ashley Levitt

Attorney at Mase Mebane , Briggs

11870 Sw 94 Street

Miami, FL 33186

Curtis Jay Mase

Attorney at Mase Mebane & Briggs, P.A.

2601 South Bayshore Drive, Suite 800

Miami, FL 33133

William Robert Seitz

Attorney at Mase Mebane & Briggs, P.A.

800, 2601 South Bayshore Drive

Miami, FL 33133

Lauren Nicole Cabeza

Attorney at Mase Mebane

2601 S. Bayshore Dr., Suite 800

Miami, FL 33131

Tyler Joseph Rauh

Attorney at Mase Mebane, P.A.

2601 S. Bayshore Dr., Suite 800

Miami, FL 33133

 

Court Documents

304 #304

Main Document

296 #1

Exhibit Proposed Order

296 #296

Main Document

284 #3

Text of Proposed Order

284 #2

Exhibit

284 #1

Exhibit

283 #2

Exhibit Email

283 #1

Exhibit Email

276 #2

Exhibit Email

#8

#7

#6

#5

#4

#3

1 #2

Summon(s)

1 #1

Civil Cover Sheet

#1

297 More Documents Available
View All Documents

 

Docket Entries

  • 07/20/2022
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  • Docket(#310) PAPERLESS ORDER. THIS MATTER is before the Court on various outstanding motions. It is ORDERED AND ADJUDGED as follows: #276 Defendant's Motion Requesting a Telephonic Status Conference or for an Order Permitting Dr. Kaia Calbeck to be Called out of Turn is DENIED AS MOOT, given that the Court permitted Dr. Calbeck to testify on July 13, 2022 and Defendant thereafter elected not to re-call Dr. Calbeck to testify. #283 Defendant's Motion for Reconsideration to Allow Dr. Kaia Calbeck to Testify in Person and to Require Plaintiff's Expert Dr. Cheri Surloff to Submit Amended Disclosures is GRANTED IN PART AND DENIED IN PART. #283 Defendant's Motion is DENIED AS MOOT with respect to Dr. Calbeck's testimony, given that Defendant elected not to re-call Dr. Calbeck following her brief testimony on July 13, 2022. #283 Defendant's Motion is GRANTED IN PART with respect to Defendant's request that Plaintiff make certain disclosures with respect to the documents and materials that Dr. Surloff relied on in preparing her expert report. #284 Plaintiff's Motion to Strike Defendant's Expert Dr. Kaia Calbeck is DENIED, given that Dr. Calbeck only briefly testified during the Jury Trial before Plaintiff raised the Fed. R. Civ. P. 26 issues discussed in the Motion and that Defendant elected not to re-call Dr. Calbeck to testify afterwards. #296 Defendant's Renewed Motion for Reconsideration of #197 the Court's Order on Plaintiff's Motion for Partial Summary Judgment is DENIED, as discussed during the Jury Trial on July 18, 2022. #298 Plaintiff's Motion for the Court to Take Judicial Notice of a Chart Containing Statistics is DENIED, as discussed during the Jury Trial on July 18, 2022. #303 Plaintiff's Motion to Strike Defendant's Pleadings or to Exclude Federal Bureau of Investigation ("FBI") Special Agent Sara Andreasen from Testifying and Motion for Monetary Sanctions is DENIED. Given that the Parties stipulated to the admission of FBI notes identified as Joint Exhibit 26, and that Defendant agreed to limit FBI Special Agent Andreasen's testimony, the Court permitted Andreasen to testify. To the extent that Plaintiff seeks monetary sanctions for any purported violations of the Federal Rules of Civil Procedure or the Court's orders, Plaintiff should seek such relief now that the Jury Trial has concluded.Finally, #304 Defendant's Counsel Tyler J. Rauh's Motion to Withdraw as Counsel is GRANTED. Tyler J. Rauh, Esq. is hereby terminated as counsel of record for Defendant Carnival Corporation.Signed by Judge Kathleen M. Williams on 7/20/2022. (sgm) (Entered: 07/20/2022)

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  • 07/20/2022
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  • Docket(#309) COURT'S INSTRUCTIONS TO THE JURY. Signed by Judge Kathleen M. Williams on 7/20/2022. See attached document for full details. (sgm) (Entered: 07/20/2022)

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  • 07/19/2022
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  • Docket(#308) Jury Questions. (mso) (Entered: 07/19/2022)

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  • 07/19/2022
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  • Docket(#307) JURY VERDICT FORM. (mso) (Entered: 07/19/2022)

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  • 07/19/2022
  • Docket(#306) PAPERLESS Minute Entry for proceedings held before Judge Kathleen M. Williams: DAY 7 Jury Trial completed on 7/19/2022. Jurors continued there deliberations and returned a verdict. Court published the verdict and polled the jury. **Pursuant to Local Rule 5.3, unless otherwise ordered by the presiding judge, counsel must electronically file admitted exhibits within ten (10) days of the conclusion of any trial or hearing.** Counsel of record present. Court Reporter: Patricia Sanders, 305-523-5548 / Patricia_Sanders@flsd.uscourts.gov. (mso) (Entered: 07/19/2022)

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  • 07/18/2022
  • Docket(#305) PAPERLESS Minute Entry for proceedings held before Judge Kathleen M. Williams: DAY 6 Jury Trial held on 7/18/2022. Court heard additional witness testimony and reviewed admitted exhibits. Plaintiff rests. Defense rests. Charge conference held. Closing arguments. Court gave jury instructions to the jurors. Jurors began their deliberations. Jurors recessed for the evening and will resume their deliberations on 7/19/2022 at 9:00 am. Counsel of record present. Court Reporter: Vernita Allen-Williams, 305-523-5048 / Vernita_Allen-Williams@flsd.uscourts.gov. (mso) (Entered: 07/18/2022)

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  • 07/18/2022
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  • Docket(#304) MOTION to Withdraw as Attorney for Defendant by Tyler J. Rauh for / by Carnival Corporation. Responses due by 8/1/2022 (Attachments: #1 Text of Proposed Order Proposed Order)(Rauh, Tyler) (Entered: 07/18/2022)

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  • 07/18/2022
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  • Docket(#303) Plaintiff's MOTION to Strike DEFENDANT'S PLEADINGS, OR IN THE ALTERNATIVE, MOTION TO EXCLUDE FBI AGENT SARA ANDREASEN FROM TESTIFYING by Jane Doe. Responses due by 8/1/2022 (Courtney, Daniel) (Entered: 07/18/2022)

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  • 07/18/2022
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  • Docket(#302) RESPONSE in Opposition re #296 Renewed MOTION for Reconsideration re #197 Order on Motion for Partial Summary Judgment,,,,,, Order on Report and Recommendations,, filed by Jane Doe. Replies due by 7/25/2022. (Attachments: #1 Exhibit)(Courtney, Daniel) (Entered: 07/18/2022)

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  • 07/17/2022
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  • Docket(#301) NOTICE by Jane Doe NOTICE OF FILING PROPOSED JURY INSTRUCTION (Attachments: #1 Exhibit Proposed Jury Instruction) (Courtney, Daniel) (Entered: 07/17/2022)

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299 More Docket Entries
  • 12/17/2019
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  • Docket(#10) PAPERLESS ORDER granting #9 Unopposed Motion to Set Aside Default. The Clerks entry of default as to Defendant Carnival Corporation #7 is VACATED. Defendant shall file a response to Plaintiff's Complaint on or before December 27, 2019. Signed by Judge Kathleen M. Williams on 12/17/2019. (sgi) (Entered: 12/17/2019)

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  • 12/16/2019
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  • Docket(#9) Defendant's MOTION to Set Aside Default by Carnival Corporation. (Attachments: #1 Exhibit Affidavit of Curtis Mase, #2 Exhibit Affidavit of Kathleen Fehr, #3 Exhibit Answer and Affirmative Defenses, #4 Text of Proposed Order Proposed Order)(Mase, Curtis) (Entered: 12/16/2019)

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  • 12/14/2019
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  • Docket(#8) NOTICE of Attorney Appearance by Curtis Jay Mase on behalf of Carnival Corporation. Attorney Curtis Jay Mase added to party Carnival Corporation(pty:dft). (Mase, Curtis) (Entered: 12/14/2019)

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  • 12/13/2019
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  • Docket(#7) "VACATED" Clerks Entry of Default as to Carnival Corporation - Motions Terminated: #6 Motion for Clerks Entry of Default. Signed by DEPUTY CLERK on 12/13/2019. (ls) Modified on 12/18/2019 (ls). (Vacated per DE #10) (Entered: 12/13/2019)

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  • 12/12/2019
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  • Docket(#6) Plaintiff's MOTION for Clerks Entry of Default as to CARNIVAL CORPORATION by Jane Doe. (Courtney, Daniel) (Entered: 12/12/2019)

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  • 12/12/2019
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  • Docket(#5) SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Jane Doe. CARNIVAL CORPORATION served on 11/20/2019, answer due 12/11/2019. (Courtney, Daniel) (Entered: 12/12/2019)

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  • 11/21/2019
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  • Docket(#4) ORDER REFERRING CASE to Magistrate Judge Edwin G. Torres for Discovery Matters and Notice of Court Practices and Procedures. Signed by Judge Kathleen M. Williams on 11/21/2019. See attached document for full details. (ls) (Entered: 11/21/2019)

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  • 11/19/2019
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  • Docket(#3) Summons Issued as to CARNIVAL CORPORATION. (amb) (Entered: 11/19/2019)

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  • 11/18/2019
  • Docket(#2) Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres 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. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (amb) (Entered: 11/19/2019)

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  • 11/18/2019
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  • Docket(#1) COMPLAINT FOR DAMAGES against CARNIVAL CORPORTAION. Filing fees $ 400.00 receipt number 113C-12157854, filed by Jane Doe. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Courtney, Daniel) (Entered: 11/18/2019)

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