Stewart v. Royal Caribbean Cruises, Ltd.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO: 25-cv-21930-JB/Torres
FENYANG AJAMU STEWART,
Plaintiff,
v.
ROYAL CARIBBEAN CRUISES, LTD.,
Defendant,
______________________________________/
ORDER ADOPTING REPORT AND RECOMMENDATIONS
THIS CAUSE was referred to the Honorable Edwin G. Torres, United States
Magistrate Judge, for a Report and Recommendation on Defendant’s Motion to
Dismiss Plaintiff’s Amended Complaint, ECF No. [28]. See ECF No. [24]. Magistrate
Judge Torres filed a Report and Recommendation (“R&R”), recommending that the
Motion to Dismiss be granted in part and denied in part. ECF No. [56]. Plaintiff did
not file any objections to the R&R. Defendant filed limited objections, specifically to
that portion of the R&R which recommends that Defendant’s motion to dismiss
Plaintiff’s demand for punitive damages be denied (the “Objections”), ECF No. [58].
Plaintiff did not respond to the Objections.
This Court has a duty to “make a de novo determination of those portions of
the report or specified proposed findings or recommendations to which objection is
made.” 28 U.S.C. § 636(b). It also may “accept, reject, or modify, in whole or in part,
the findings or recommendations made by the magistrate judge.” 	Id. 	The Court,
having conducted a de novo review of the record and the issues presented in
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Defendant’s Objections, agrees with Magistrate Judge Torres that Defendant’s
motion to dismiss Plaintiff’s demand for punitive damages should be denied and that
the issue may be revisited at summary judgment. 	No other objections to the R&R
were raised.
Accordingly, after careful consideration, it is hereby ORDERED AND
ADJUDGED that:
1. 	Defendant’s Objections, ECF No. [58], are OVERRULED.
2. 	United States Magistrate Judge Torres’ Report and Recommendation,
ECF No. [56], is AFFIRMED AND ADOPTED.
3. 	Defendant’s Motion to Dismiss Plaintiff’s Amended Complaint, ECF No.
[28], is GRANTED IN PART AND DENIED IN PART.
4. 	Counts IV and V of the Amended Complaint are DISMISSED WITH
PREJUDICE.
5. 	Counts 	VI, 	VII, 	VIII, 	IX, 	and 	X 	of 	the 	Amended 	Complaint 	are
DISMISSED WITHOUT PREJUDICE and with leave to amend on a proper
showing and motion.
6. 	Plaintiff’s request for injunctive relief is STRICKEN from the Amended
Complaint.
7. 	Plaintiff’s 	request 	for 	declaratory 	relief 	is 	STRICKEN 	from 	the
Amended Complaint.
8. 	The remainder of the Motion to Dismiss is DENIED.
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9. 	If Plaintiff seeks to amend Counts VI, VII, VIII, IX, and X of the
Amended Complaint, he must file a motion for leave to amend by March 3,
2026.
DONE AND ORDERED in Miami, Florida, this 17th day of February, 2026.
_________________________________________
JACQUELINE BECERRA
UNITED STATES DISTRICT JUDGE
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