John Doe v. Star Clippers, Ltd., et al

July 28, 2014

John Doe v. Star Clippers, Ltd., et al

Motion to Dismiss Appeal

In this case, a crewmember for Star Clippers Cruises was injured when the food elevator in the galley broke and fell onto his arm, causing severe fractures and nerve damage. After jurisdictional discovery and briefing in response to a motion to dismiss in the trial court, the Plaintiff’s case was dismissed for lack of personal jurisdiction. Our appellate attorneys filed an appeal on behalf of the injured seafarer. The appeal was later dismissed after the parties reached a confidential settlement.

IN THE UNITED STATES CIRCUIT COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
CASE NO. 14-11957-C
JOHN DOE,
Petitioner/Appellant,

v.

STAR CLIPPERS, LTD. CORP., et al.
Respondents/ Appellees.
ON APPEAL FROM THE DISTRICT COURT FOR THE SOUTHERN
DISTRICT OF FLORIDA, CASE NO. 12-cv-23768-JLK
MOTION TO DISMISS APPEAL PURSUANT TO F.R.A.P. 42(b) MICHAEL A. WINKLEMAN
LIPCON, MARGULIES,
ALSINA & WINKLEMAN, P.A.
Attorneys for Plaintiff/Appellant
One Biscayne Tower, Suite 1776
2 South Biscayne Boulevard
Miami, Florida 33131
Telephone: (305) 373-3016
Facsimile: (305) 373-6204

CERTIFICATE OF INTERESTED PERSONS AND CORPORATE DISCLOSURE STATEMENT

The undersigned counsel of record for Appellant, in compliance with FRAP 26.1 and 11th Cir. R. 26.1-1, certifies that the following listed persons, parties, and corporations have an interest in the outcome of this appeal.

JOHN DOE
Charles R. Lipcon, Esquire
Jason R. Margulies, Esquire
Richard Alsina, Esquire
Michael A. Winkleman, Esquire
Carlos F. Llinás Negret, Esquire
Eric C. Morales, Esquire
David A. Villarreal, Esquire
Jacqueline Garcell, Esquire
Lipcon, Margulies & Winkleman, P.A.
Star Clippers, Ltd. Corp.
Star Clippers GSA, Inc., d/b/a Star Clippers Americas
Luxembourg Shipping Services, S.A., d/b/a/ Star Clippers
David J. Horr, Esquire
Stephanie H. Wylie, Esquire
Daniel S. Marcotte, Esquire
Horr, Novak & Skipp, P.A.
Honorable Judge James Lawrence King, District Court Judge
Honorable Magistrate Judge Edwin G. Torres

MOTION TO DISMISS APPEAL PURSUANT TO F.R.A.P. 42(b)

Appellant, Prakash Nayak, by and through his undersigned counsel, and pursuant to F.R.A.P. 42(b), hereby requests the Circuit Clerk to dismiss this appeal, with each party bearing its own costs, and in support states as follows:

1. Based on the parties’ settlement of this matter, the parties have agreed to dismiss this appeal with prejudice.

WHEREFORE, Appellant requests, pursuant to F.R.A.P. 42(b), for entry of an order dismissing this appeal.

Respectfully submitted,
MICHAEL A. WINKLEMAN
LIPCON, MARGULIES,
ALSINA & WINKLEMAN, P.A.
Attorneys for Plaintiff/Appellant
One Biscayne Tower, Suite 1776
2 South Biscayne Boulevard
Miami, Florida 33131
Telephone: (305) 373-3016

By: __s/Michael A. Winkleman__
Michael A. Winkleman
Florida Bar No. 36719