State Farm Mutual Automobile Insurance Company v. Miami Medical Care Center, Inc.

United States District Court for the Southern District of Florida

State Farm Mutual Automobile Insurance Company v. Miami Medical Care Center, Inc.

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 15-cv-22660-DPG

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, and STATE FARM FIRE and CASUALTY COMPANY,

Plaintiffs, vs.

MIAMI MEDICAL CARE CENTER, INC.; LORENZO JESUS FELIPE; JORGE FELIX FELIPE PUPO; ODALYS FELIPE; FELIPE FAMILY LLC; FELIPE FAMILY IRREVOCABLE SPECIAL NEEDS TRUST; ROBERTO LOPEZ HERNANDEZ; PRIMO THERAPY CENTER, INC.; MARCOS PADRON; AND BARRY THERAPY CENTER, INC.

Defendants. /

ORDER

THIS CAUSE comes before the Court on the Report and Recommendation of Judge Lauren Fleischer Louis (the “Report”) [ECF No. 131]. The action was referred to Magistrate Judge Louis, pursuant to

28 U.S.C. § 636

(b)(1)(B), for a Report and Recommendation on Plaintiffs’ Motion for Imposition of Equitable Lien in Post-Judgment Proceedings Supplementary (the “Motion”). [ECF No. 121]. On July 15, 2019, Judge Louis recommended that the Court deny the Motion and grant Plaintiffs a finite period to file a Complaint that would allow remaining issues in the post-judgment proceedings to be decided on the merits. [ECF No. 131, at 7–8]. No party timely filed objections. 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 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). Accordingly, having reviewed the Report for clear error, the Court agrees with Judge Louis’s well-reasoned analysis and recommendations and finds that Plaintiff's Motion should be denied. CONCLUSION Based on the foregoing, it is ORDERED AND ADJUDGED as follows that Judge Louis’s Report and Recommendation [ECF No. 131] is ADOPTED in FULL. Plaintiff's Motion is DENIED. DONE AND ORDERED in Chambers at Miami, Florida, this 2nd day of October, 2019.

of DARRIN P. GAYLES UNITED STATES DI ICT JUDGE

Reference

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