Delgado et al v. Carnival Corporation
| Wanda Huertas Delgado and Helio Medina |
| Carnival Corporation doing business as Carnival Cruise Line |
| 1:2022cv22844 |
| September 7, 2022 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Tort/Non-Motor Vehicle |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 15, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 8 WAIVER OF SERVICE Returned Executed by Wanda Huertas Delgado. Carnival Corporation waiver sent on 9/15/2022, response/answer due 11/14/2022. (Moss, Andrew) |
| Filing 7 First AMENDED COMPLAINT against Carnival Corporation filed in response to Order Granting Motion for Leave, filed by Wanda Huertas Delgado.(Moss, Andrew) |
Filing 6
PAPERLESS ORDER dismissing Plaintiffs' #1 Complaint as a shotgun pleading. See Weiland v. Palm Beach Cnty. Sheriffs Off., 792 F.3d 1313, 1320-21 (11th Cir. 2015). Plaintiffs' second claim improperly incorporates by reference all prior paragraphs, "leading to a situation where most of the counts (i.e., all but the first) contain irrelevant factual allegations and legal conclusions." Strategic Income Fund, L.L.C. v. Spear, Leeds & Kellogg Corp., 305 F.3d 1293, 1295 (11th Cir. 2002); Magluta v. Samples, 256 F.3d 1282, 1284 (11th Cir. 2001). Plaintiffs may file an amended complaint remedying this deficiency within 21 days of this order. Failure to do so will result in dismissal of this action without prejudice and without further notice. Contrary to the Complaint's allegation, the ticket contract does not give this Court subject matter jurisdiction. While the Court recognizes its original jurisdiction over civil cases of admiralty or maritime jurisdiction, Plaintiffs fail to plead their claim under federal question jurisdiction in the Complaint. Therefore, Plaintiffs must also cure that deficiency in their amended complaint. Signed by Judge Darrin P. Gayles on 9/8/2022. (mja)
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| Filing 5 NOTICE by Wanda Huertas Delgado, Helio Medina Civil Cover Sheet (Moss, Andrew) |
| Filing 4 Clerk's Notice to Filer re: Electronic Case. Alias Not Added. The Filer failed to add the alias information for the party(ies). The correction was made. It is not necessary to re-file this document. (jas) |
| Filing 3 Clerk's Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (jas) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. 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. (jas) |
| Filing 1 COMPLAINT against Wanda Huertas Delgado, Helio Medina. Filing fees $ 402.00 receipt number AFLSDC-15928653, filed by Wanda Huertas Delgado, Helio Medina.(Moss, Andrew) |
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