UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

 

CASE NO. 20-CV-22783-BB

KATHRYN BIRREN AND

MANDY BIRREN,

Plaintiff,

v.

ROYAL CARIBBEAN CRUISES, LTD.,

A Liberian Corporation,

Defendant

__________________________________/

PLAINTIFF, MANDY BIRREN’S, MOTION FOR VOLUNTARY DISMISSAL 

Plaintiff, MANDY BIRREN, by and through undersigned counsel, and pursuant to Federal 

Rule of Civil Procedure 41(a)(2), respectfully moves for an order granting her Motion for 

Voluntary Dismissal. In support thereof, Plaintiffs state as follows:

1. This is a personal injury case wherein Plaintiffs allege they were injured while cruising 

aboard Defendant’s vessel, the Harmony of the Seas.

2. Plaintiff, MANDY BIRREN, filed her initial Complaint [DE 1] against Defendant, ROYAL 

CARIBBEAN CRUISES, LTD., on July 7, 2020 and her Amended Complaint [DE 8] on 

September 18, 2020.

3. Plaintiff, MANDY BIRREN, a minor at the time of the incident, now moves to dismiss her 

claim(s) against Defendant, ROYAL CARIBBEAN CRUISES, LTD., pursuant to Fed. R. 

Civ. P. 41(a)(2).

MEMORANDUM OF LAW

“The district court enjoys broad discretion in determining whether to allow a voluntary 

dismissal under Rule 41(a)(2).” Pontenberg v. Boston Scientific Corp., 252 F.3d 1253, 1255 (11th 

Case 1:20-cv-22783-BB Document 156 Entered on FLSD Docket 03/31/2022 Page 1 of 3
Cir. 2001). “In most cases, a voluntary dismissal should be granted unless the defendant will suffer 

clear legal prejudice, other than the mere prospect of a subsequent lawsuit, as a result.” Id.

(emphasis in original). “The crucial question to be determined is, would the defendant lose any 

substantial right by the dismissal.” Id., at 1255-1256. 

Here, Defendant would not lose any substantial rights. Notably, the Court has already ruled 

on Defendant’s Motion [DE 90] for Summary Judgment and although the Court dismissed Counts 

VII, VII, and IX of Plaintiffs; Amended Complaint, it allowed for all other claims against the 

Defendant to proceed to trial. The remaining counts are not specific to Plaintiff, MANDY 

BIRREN, and as such, none of the discovery or trial preparation Defendant has engaged in is 

related solely to Ms. MANDY BIRREN’S claim. In fact, given that Plaintiff’s allegations against 

Defendant mirror each other and relate back to the same incident, the discovery in this case would 

have been similar (if not identical) regardless of whether it involved one or two plaintiffs.

WHEREFORE, Plaintiffs, MANDY BIRREN, respectfully requests that this Honorable 

Court dismiss, with prejudice, her claim(s) against Defendant, ROYAL CARIBBEAN CRUISES, 

LTD., pursuant to Fed. R. Civ. P. 41(a)(2).

Respectfully submitted,

/s/ Spencer M. Aronfeld__ ____ 

Spencer M. Aronfeld, Esq.

Florida Bar No.: 905161

aronfeld@Aronfeld.com 

Abby Hernández Ivey, Esq.

Florida Bar No.: 1002774

aivey@aronfeld.com 

ARONFELD TRIAL LAWYERS

One Alhambra Plaza, Penthouse

Coral Gables, Florida 33134

P: (305) 441.0440

F: (305) 441.0198

Attorneys for Plaintiff

Case 1:20-cv-22783-BB Document 156 Entered on FLSD Docket 03/31/2022 Page 2 of 3
CERTIFICATE OF GOOD FAITH CONFERENCE

Pursuant to S.D. Fla. L. R. 7.1(a)(3), counsel for Plaintiff certifies that he has conferred

with all parties as to whether Defendant would stipulate to dismissal of the claim(s) pursuant to 

Fed. R. Civ. P. 41(a)(1)(A)(ii) and represents that Defendant has not agreed to same.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on March 31, 2022, I electronically filed the foregoing 

document with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is 

being served this day on all counsel of record or pro se in the manner specified, either via 

transmission of Notices of Electronic Filing generated by CM/ECF or in some other authorized 

manner for those counsel or parties who are not authorized to electronically receive Notices of 

Electronic Filing.

/s/ __Spencer M. Aronfeld____________ 

Spencer M. Aronfeld, Esq.

Case 1:20-cv-22783-BB Document 156 Entered on FLSD Docket 03/31/2022 Page 3 of 3