United States Securities and Exchange Commission v. Wellcare Health Plans, Inc.
United States Securities and Exchange Commission v. Wellcare Health Plans, Inc.
Trial Court Opinion
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION
UNITED STATES SECURITIES AND EXCHANGE COMMISSION,
Plaintiff,
v. Case No. 8:09-cv-910-VMC-JSS
WELLCARE HEALTH PLANS, INC.,
Defendant. ______________________________/
ORDER
This matter is before the Court on consideration of United States Magistrate Judge Julie S. Sneed’s Report and Recommendation (Doc. # 32), filed on November 23, 2021, recommending that Commission’s Motion for an Order Approving a Distribution Plan for the Fair Fund (Doc. # 22) be granted and that the proposed Distribution Plan (Doc. # 27) be approved in its entirety. As of the date of this Order, no objections have been filed and the time for filing objections has lapsed. The Court accepts and adopts the Report and Recommendation, grants the Motion (Doc. # 22), and approves the Distribution Plan (Doc. # 27) in its entirety. Discussion 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 the 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 recommendation.
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 603, 604(11th Cir. 1994); Castro Bobadilla v. Reno,
826 F. Supp. 1428, 1431-32(S.D. Fla. 1993), aff’d,
28 F.3d 116(11th Cir. 1994). After conducting a careful and complete review of the findings, conclusions and recommendations, and giving de novo review to matters of law, the Court accepts the factual findings and legal conclusions of the magistrate judge. Accordingly, it is now
ORDERED, ADJUDGED, and DECREED: (1) The Report and Recommendation (Doc. # 32) is ACCEPTED and ADOPTED. (2) The United States Securities and Exchange Commission’s Motion for an Order Approving a Distribution Plan for the Fair Fund (Doc. # 22) is GRANTED. (3) The Distribution Plan (Doc.# 27) is APPROVED in its entirety. DONE and ORDERED in Chambers in Tampa, Florida, this 21st day of December, 2021.
VIRGINIA M,. HERNANDEZ’COVINGTON UNITED STATES DISTRICT JUDGE
Reference
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