Opinion

Incardone v. Royal Caribbean Cruises, Ltd.

Court
District Court, S.D. Florida
Filed
Jun 29, 2020
Cited by
0 cases
Authority
More cited than 20.1%

The opinion

UNITED STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

Case Number: 16-20924-CIV-O’SULLIVAN

DONNA INCARDONE, et al.,

Plaintiffs,

vs.

ROYAL CARIBBEAN CRUISES, LTD.,

Defendant.

_____________________________________/

ORDER ON MOTION FOR RECONSIDERATION

THIS CAUSE came upon the Plaintiffs’ Motion for Reconsideration of Court Order to

Exclude the Bahamas Maritime Authority Report and Testimony. ECF No. 512. Pursuant to

Federal Rule of Civil Procedure 59(e),1 Plaintiffs request the Court reconsider its Order granting

Defendant’s Motion in Limine. ECF Nos. 482, 508. The Court has reviewed the Motion for

Reconsideration, Defendant’s Response in Opposition thereto, ECF No. 513, the pertinent portions

of the record, and is otherwise fully advised in the premises. After careful consideration, Plaintiffs’

Motion is denied.

I. Background

Defendant’s cruise ship, the Anthem of the Seas, encountered a winter storm that produced

hurricane-force winds. After the incident, a maritime investigative report was prepared by the

1 The Court notes that Federal Rule of Civil Procedure 59(e) may be used to alter or amend a

judgment. There is no indication that the Rule contemplates a court’s evidentiary order on a non-

dispositive motion in limine. In fact, “[t]he Federal Rules of Civil Procedure do not mention

motions for reconsideration.” Brogdon ex rel. Cline v. Nat’l Healthcare Corp., 103 F. Supp. 2d

1322, 1338 (S.D. Ga. 2000). Nonetheless, because a motion for reconsideration typically seeks to

invoke a district court’s authority to modify or vacate its prior orders, a similar analysis to that

under Rule 59(e) applies.

Bahamian Maritime Authority (“BMA”). Though Plaintiffs dispute whether the investigation was

jointly conducted by the BMA, the National Transportation Safety Board (“NTSB”), and the

United States Coast Guard (“Coast Guard”), the Court found that the investigation was indeed the

product of a collaborative investigation between the three entities. ECF No. 508 at 3. To prepare

the report, the authorities interviewed Staff Captain Wendy Williams, First Navigation Officer

Kyriakos Spahis, and Captain Claus Anderson. Defendant moved in limine to exclude the

transcripts of these interviews pursuant to 46 U.S.C. § 6308(a). ECF No. 482. The Court granted

the motion, finding that (1) the BMA Report fell within the statute’s purview despite BMA’s lead

role in the investigation, and (2) the interview transcripts are therefore protected. ECF No. 508.

II. Legal Standard

“Courts have distilled three major grounds justifying reconsideration: (1) an intervening

change in controlling law; (2) the availability of new evidence; and (3) the need to correct clear

error or manifest injustice.” Instituto de Prevision Militar v. Lehman Bros., Inc., 485 F. Supp. 2d

1340, 1343 (S.D. Fla. 2007) (internal quotation marks and citation omitted). The reconsideration

decision is granted only in extraordinary circumstances and is “committed to the sound discretion

of the district judge.” Tristar Lodging, Inc. v. Arch Specialty Ins. Co., 434 F. Supp. 2d 1286, 1301

(M.D. Fla. 2006) (quoting Am. Home Assur. Co. v. Glenn Estess & Assocs., Inc., 763 F.2d 1237,

1238–39 (11th Cir. 1985)) (internal quotations omitted) (emphasis added).

III. Discussion

Plaintiffs assert that by granting Defendant’s Motion in Limine and thereby excluding the

interview transcripts, the Court committed “errors of fact and law and should grant reconsideration

to prevent manifest injustice.” ECF No. 512 at 2.

Plaintiffs’ first argument that the Court has misinterpreted Plaintiffs’ position regarding

whether Plaintiffs previously agreed to exclude the BMA Report is a non-starter. The Court

decided the Motion in Limine based on its substance and merely noted—in a procedural context—

the parties’ previous positions on the Report’s admissibility.

As to the Court’s second purported error, Plaintiffs argue that the Court’s finding that the

interviews form the foundation of the BMA Report—and that they are therefore statutorily

protected—amounts to speculation. Plaintiffs further suggest that the Court shifted the burden onto

them as the nonmovants. This is not so. Despite Plaintiffs’ contention that no evidence was

introduced showing that these statements were part of the Report, it is apparent on the face of the

Report that these interviews indeed underlie the Report’s findings.

For example, the very first page of the Report states that “officers of a ship involved in an

accident [are required] to answer an Inspector’s questions fully and truly,” indicating that the

Report is premised upon such questions—i.e., interviews. ECF No. 485-1 at 1.2 This is buttressed

by the Report’s repeated references to Staff Captain Williams. See, e.g., ECF No. 485-1 at 10–12.

Further, and most importantly, by cross-referencing the Report and the testimony contained within

the interview transcripts, it is particularly apparent that the “Narrative of Events” as described in

2 The first page of the Report additionally states: “In accordance with the IMO Casualty

Investigation Code, mandated by the International Convention for the Safety of Life at Sea

(SOLAS) Regulation XI-1/6, investigations have the objective of preventing marine casualties and

marine incidents in the future and do not seek to apportion blame or determine liability.” ECF No.

485-1 at 1. Further, pursuant to such Regulation, the BMA made the Report available “on the strict

understanding that it will not be used as evidence in any legal proceedings anywhere in the world.”

Id. The Court notes that though Plaintiffs contend that Bahamian law mandating the inadmissibility

of the Report is non-binding, the United States is a signatory to SOLAS—further bolstering the

Court’s holding that policy implications support exclusion. See Int’l Maritime Org. [IMO], MSC.

255 (84), Casualty Investigation Code, at 6, 16, 23 (May 16, 2008),

http://www.imo.org/en/OurWork/MSAS/Casualties/Documents/Res.%20MSC.255(84)%20Casu

alty%20Iinvestigation%20Code.pdf.

the Report derives from the statements made during the course of these investigative interviews.3

Plaintiffs likewise suggest that the Court erred in relying on the decision in In re Eternity

Shipping, 444 F. Supp. 2d 347, 363 (D. Md. 2006). The only valid challenge to the Court’s reliance

on that case stems from the fact that in In re Eternity, the transcripts were in fact an attachment to

the report; while, here, it is not apparent whether the interview transcripts served as an exhibit to

the BMA Report. As such, the Court analyzed the issue as if the transcripts were not in fact

attached. With these principles in mind, the Court found—and still finds—that the statute’s intent

and its underlying policy rationale support exclusion.

Plaintiffs stress that the Court “did not give deference” to Judge Torres’s holding in Guest

v. Carnival Corp., 917 F. Supp. 2d 1242, 1246 (S.D. Fla. 2012). The Court, however, simply

distinguished that case from the case at issue—both factually and procedurally. Asking the Court

to re-analyze arguments and caselaw previously raised and otherwise addressed is inadequate to

establish grounds for reconsideration. “It is an improper use of the motion to reconsider to ask the

Court to rethink what the Court already thought through—rightly or wrongly.” Z.K. Marine, Inc.

v. M/V Archigetis, 808 F. Supp. 1561, 1563 (S.D. Fla. 1992) (internal quotations and citation

omitted). Therefore, the Motion is denied.

Accordingly, it is hereby:

3 Similarly, and as previously discussed by the Court, there is sufficient indication throughout the

Report and the interview transcripts to support the Court’s determination that the investigation was

jointly conducted by the BMA, the NTSB, and the Coast Guard. See, e.g., ECF No. 485-2 at 22–

23 (during the course of Mr. Spahis’s interview, Interviewer 4 states, “Mike Carr with the National

Transportation Safety Board. These are some questions that came in from a national transportation

safety board weather specialist.”); ECF No. 485-1 at 13–14. And, again, the Court notes that the

Plaintiffs have repeatedly acknowledged that this investigation was conducted by the three entities.

See ECF No. 266 at 1 (“After the February 6, 2014 voyage the Bahamian Maritime Authorities,

U.S. Coast Guard, and National Transportation Safety Board began an investigation into the cruise

and the incident at issue in this action.”).

ORDERED AND ADJUDGED that:

1. Plaintiffs’ Motion for Reconsideration of Court Order to Exclude the Bahamas

Maritime Authority Report and Testimony, [ECF No. 512], is DENIED.

DONE and ORDERED in Chambers at Mianj, Florida, this 29th day of June, 2020.

J. V SULLIVAN

CHIEF UNITED STATES MAGISTRATE JUDGE

Copies provided to:

All Counsel of Record

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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