KANTROW et al v. CELEBRITY CRUISES INC.
Plaintiff: FRED KANTROW and MARLENE KANTROW
Defendant: CELEBRITY CRUISES INC.
Case Number: 1:2020cv21997
Filed: May 13, 2020
Court: US District Court for the Southern District of Florida
Presiding Judge: Joan A Lenard
Nature of Suit: Marine
Cause of Action: 28:1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 13, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 13, 2020 Opinion or Order Filing 4 PAPERLESS ORDER DIRECTING PLAINTIFF TO FILE AMENDED COMPLAINT. Plaintiff's #1 Complaint is a "shotgun pleading" in that it "commits the sin of not separating into a different count each cause of action or claim for relief." Weiland v. Palm Beach Cnty. Sheriff's Office, 792 F.3d 1313, 1323 (11th Cir. 2015). For example, Paragraph 46 of the Complaint contains thirty two sub-paragraphs alleging separate ways in which Defendant breached the duty of care it owed to Plaintiffs; and Paragraph 55 contains six sub-paragraphs alleging separate ways in which Defendant breached the duty of care it owed to Plaintiffs. Each alleged breach of the duty of care is a separate claim which must be pled separately. Thanas v. Royal Caribbean Cruises Ltd., Civil Action No. 19-21392-Civ-Scola, 2019 WL 1755510, at *2 (S.D. Fla. Apr. 19, 2019) (striking maritime negligence claim where "[t]hrough a single 'negligence' count, [the plaintiff] asserts, without limitation, theories of liability for failure to investigate, failure to instruct, failure to warn, and negligent retention. These are separate causes of action that must be asserted independently and with supporting factual allegations."); Kercher v. Carnival Corp., Civil Action No. 19-21467-Civ-Scola, 2019 WL 1723565, at *1 (S.D. Fla. Apr. 18, 2019) (same); Gharfeh v. Carnival Corp., CASE NO. 17-20499-CIV-GOODMAN, 2018 WL 501270, at *6 (S.D. Fla. Jan. 22, 2018) (finding that single count which commingled claims of vicarious liability with allegations of direct negligence constituted an impermissible shotgun pleading); Kulakowski v. Royal Caribbean Cruises, Ltd., CASE NO. 16-21375-CIV-KING, 2017 WL 237642, at *2 (S.D. Fla. Jan. 18, 2017) (dismissing maritime negligence claim that "runs afoul of federal pleading requirements by including nineteen separate alleged breaches of the duty of care in a single count for negligence and by failing to allege facts to support the vast majority of the alleged breaches"); Brown v. Carnival Corp., 202 F. Supp. 3d 1332, 1338 (S.D. Fla. 2016) (finding that "[s]imply alleging that Carnival owed Plaintiff a duty of 'reasonable care' in a conclusory fashion, while also pleading [forty-one] alleged breaches that purport to impose a heightened duty upon Carnival, is not sufficient to state a valid negligence claim under maritime law," and advising that "the burden will remain on Plaintiff to review her Complaint and ensure that each factual allegation is supported by law and plausible facts, and is alleged in good faith"); Flaherty v. Royal Caribbean Cruises, Ltd., CASE NO. 15-22295-CIV-LENARD/GOODMAN, 2015 WL 8227674, at *5 (S.D. Fla. Dec. 7, 2015) (dismissing maritime negligence claim as an impermissible shotgun pleading because, inter alia, it contained multiple causes of action in the same Count); Richards v. Carnival Corp., No. 14-23212-Civ, 2015 WL 1810622, at *3 (S.D. Fla. Apr. 21, 2015) (finding that the complaint's "laundry list of allegations does not comport with the applicable standards under federal maritime law"); Garcia v. Carnival Corp., 838 F. Supp. 2d 1334, 1337 & n.2 (S.D. Fla. 2012) (dismissing maritime negligence claim that "epitomizes a form of 'shotgun' pleading," where the plaintiff alleged that Defendant owed a duty of "reasonable care under the circumstances," and then "proceed[ed] to allege at least twenty-one ways in which Defendant breached this duty"); Gayou v. Celebrity Cruises, Inc., No. 11-23359-Civ, 2012 WL 2049431, at *5-6 & n.2 (S.D. Fla. June 5, 2012) (ordering plaintiff to amend complaint to "separately allege an independent count" for various theories of liability that were lumped into a single maritime negligence claim)); see also Fed. R. Civ. P. 10(b) ("A party must state its claims or defenses in numbered paragraphs, each limited as far as practicable to a single set of circumstances.").)"[S]hotgun pleadings wreak havoc on the judicial system." Byrne v. Nezhat, 261 F.3d 1075, 1130 (11th Cir. 2001). "Such pleadings divert already stretched judicial resources into disputes that are not structurally prepared to use those resources efficiently." Wagner v. First Horizon Pharm. Corp., 464 F.3d 1273, 1279 (11th Cir. 2006). When a plaintiff files a shotgun complaint, a district court is required to sua sponte order repleading pursuant to Federal Rule of Civil Procedure 12(e). Id. at 1280. Accordingly, Plaintiffs may replead their claims consistent with federal pleading standards and to the extent that the claims are supported by specific factual allegations. Plaintiffs should be mindful that "[e]ach allegation must be simple, concise, and direct." Fed. R. Civ. P. 8(d)(1). This entry constitutes the PAPERLESS ORDER in its entirety. Signed by Judge Joan A. Lenard on 5/13/2020. (gie)
May 13, 2020 Filing 3 Summons Issued as to CELEBRITY CRUISES INC. (mee)
May 13, 2020 Filing 2 Clerks Notice of Judge Assignment to Judge Joan A. Lenard. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge John J. O'Sullivan 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. (mee)
May 13, 2020 Filing 1 COMPLAINT against CELEBRITY CRUISES INC.. Filing fees $ 400.00 receipt number AFLSDC-12880771, filed by FRED KANTROW, MARLENE KANTROW. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Winkleman, Michael)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Florida Southern District Court's Electronic Court Filings (ECF) System

Search for this case: KANTROW et al v. CELEBRITY CRUISES INC.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: CELEBRITY CRUISES INC.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: FRED KANTROW
Represented By: Michael A. Winkleman
Represented By: Jacqueline Garcell
Represented By: Jason Robert Margulies
Represented By: Luis Alexander Perez
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: MARLENE KANTROW
Represented By: Michael A. Winkleman
Represented By: Jacqueline Garcell
Represented By: Jason Robert Margulies
Represented By: Luis Alexander Perez
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?