govinfo:USCOURTS-flsd-1_24-cv-23953-1

UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
 
CASE NO.: 1:24-cv-23953-GAYLES/SHAW-WILDER 
JANE DOE (S.F.), et al.,  
 
Plaintiffs,  
 
v. 
 
ROYAL CARIBBEAN CRUISES, LTD., and 
ARVIN JOSEPH MIRASOL,  
 
Defendants. 
________________________________________/ 
 
ORDER  
 
THIS CAUSE comes before the Court on Defendant  Royal Caribbean Cruises, Ltd.’s  
(“Royal Caribbean”) Omnibus Motion to Stay Litigation and Compel Arbitration (the “Motion”). 
[ECF No. 57 ]. The action was referred to Magistrate Judge  Detra Shaw-Wilder, pursuant to 28 
U.S.C. § 636(b)(1)(B), for a ruling on all pretrial, non -dispositive matters, and for a Report and 
Recommendation on any dispositive matters. [ECF No. 71]. On April 22, 2026, Judge Shaw-Wilder 
issued her report recommending that the Motion be denied (the “Report”). [ECF No. 110]. Royal 
Caribbean has objected to the Report, [ECF No. 116], and Plaintiffs have responded to the objections, 
[ECF No. 117].  
A district court may accept, reject, or modify a magistrate judge’s report and 
recommendation. 28 U.S.C. § 636(b)(1). Those portions of the report and recommendation to which 
objection is made are accorded de novo review, if those objections “pinpoint the specific findings 
that the party disagrees with.” United States v. Schultz, 565 F.3d 1353, 1360 (11th Cir. 2009); see 
also Fed. R. Civ. P. 72(b)(3). Any portions of the report and recommendation to which no specific 
objection is made are reviewed only for clear error. Liberty Am. Ins. Grp., Inc. v. WestPoint 
Case 1:24-cv-23953-DPG   Document 125   Entered on FLSD Docket 05/26/2026   Page 1 of 2
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Underwriters, L.L.C., 199 F. Supp. 2d 1271, 1276 (M.D. Fla. 2001); accord Macort v. Prem, Inc., 
208 F. App’x 781, 784 (11th Cir. 2006).  
In her Report, Judge Shaw-Wilder found that both the Ending Forced Arbitration of Sexual 
Assault and Sexual Harassment Act, 9 U.S.C. §§ 401–02, and 46 U.S.C. § 30527 preclude the 
Court from enforcing the arbitration provision  in Royal Caribbean’s ticket contract  based on 
Plaintiffs’ claims. [ECF No. 110].  Royal Caribbean raises several objections to the Report, the 
majority of which rehash arguments it raised in the Motion. [ECF No. 116]. 
The Court has conducted a de novo review of the Motion and  the record and agrees with 
Judge Shaw-Wilder’s well-reasoned findings and recommendation that the Motion be denied. 
CONCLUSION 
Accordingly, it is ORDERED AND ADJUDGED as follows: 
(1) Judge Shaw-Wilder’s Report and Recommendation, [ECF No. 110], is ADOPTED 
in full; and 
(2) Royal Caribbean’s Omnibus Motion to Stay Litigation and Compel Arbitration, 
[ECF No. 57], is DENIED. 
DONE AND ORDERED in Chambers at Miami, Florida, this Tuesday, May 26, 2026. 
 
 
 
________________________________ 
DARRIN P. GAYLES 
      UNITED STATES DISTRICT JUDGE 
 
Case 1:24-cv-23953-DPG   Document 125   Entered on FLSD Docket 05/26/2026   Page 2 of 2

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