Perez v. Cigna Health and Life Insurance Company
Perez v. Cigna Health and Life Insurance Company
Trial Court Opinion
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION
GLENDA PEREZ,
Plaintiff, v. Case No. 8:18-cv-1862-T-60JSS
CIGNA HEALTH AND LIFE INSURANCE COMPANY,
Defendant. ______________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION This matter is before the Court on consideration of the report and recommendation of Julie S. Sneed, United States Magistrate Judge, entered on June 4, 2020. (Doc. 50). Judge Sneed recommends “Petitioner’s Application to Vacate Arbitration Award” (Doc. 1) be denied. Plaintiff filed her objection on June 17, 2020. (Doc. 51). Defendant did not file an objection to the report and recommendation, and the time to object has expired. After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject, or modify the magistrate judge’s report and recommendation.
28 U.S.C. § 636(b)(1); Williams v. Wainwright,
681 F.2d 732(11th Cir. 1982). In the absence of specific objections, there is no requirement that a district judge review factual findings de novo, Garvey v. Vaughn,
993 F.2d 776, 779 n.9 (11th Cir. 1993), and the court may accept, reject, or modify, in whole or in part, the findings and recommendations.
28 U.S.C. § 636(b)(1)(C). The district judge reviews legal conclusions de novo, even in the absence of an objection. See Cooper- Houston v. S. Ry. Co.,
37 F.3d 6038, 604 (11th Cir. 1994); Castro Bobadilla v. Reno,
826 F. Supp. 1428, 1431-32(6.D. Fla. 1993), aff'd,
28 F.3d 116(11th Cir. 1994) (table). Upon due consideration of the record, including Judge Sneed’s report and recommendation, the Court adopts the report and recommendation. The Court agrees with Judge Sneed’s detailed and well-reasoned factual findings and legal conclusions, including that the Court has jurisdiction over this matter, and that Plaintiff has failed to establish a basis to vacate the arbitrator’s decision in this case. Consequently, “Petitioner’s Application to Vacate Arbitration Award” (Doc. 1) is denied. Accordingly, it is ORDERED, ADJUDGED, and DECREED: (1) Judge Sneed’s report and recommendation (Doc. 50) is AFFIRMED and ADOPTED and INCORPORATED BY REFERENCE into this Order for all purposes, including appellate review. (2) “Petitioner’s Application to Vacate Arbitration Award” (Doc. 1) is hereby DENIED. (3) The Clerk is directed to terminate any pending motions and deadlines, and thereafter close this case. DONE and ORDERED in Chambers, in Tampa, Florida, this 25th day of June, 2020.
(I\ +B | —| | 0) — TOMBARBER——~—~—~CSOS UNITED STATES DISTRICT JUDGE
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