Joseph v. Communicare Healthcare Services Inc.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 21-60164-CIV-DIMITROULEAS NERLANDE JOSEPH, Plaintiff, vs. COMMUNICARE HEALTHCARE SERVICES INC. D/B/A COMMUNICARE NURSE REGISTRY, LORETTA A. MOORE, Defendants. ___________________________________/ ORDER ADOPTING AND APPROVING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE; DENYING MOTION TO COMPEL ARBITRATION AND DISMISS/STAY PROCEEDINGS THIS CAUSE is before the Court upon Defendant’s Motion to Compel Arbitration and Dismiss/Stay Proceedings [DE 7] the March 18, 2021 Magistrate Judge’s Report and Recommendation (the “Report”) [DE 14]. The Court notes that no objections to the Report [DE 14] have been filed, and the time for filing such objections has passed. As no timely objections were filed, the Magistrate Judge’s factual findings in the Report [DE 14] are hereby adopted and deemed incorporated into this opinion. LoConte v. Dugger, 847 F.2d 745, 749-50 (11th Cir. 1988), cert. denied, 488 U.S. 958 (1988); RTC v. Hallmark Builders, Inc., 996 F.2d 1144, 1149 (11th Cir. 1993).

Although no timely objections were filed, the Court has conducted a de novo review of the Report [DE 14] and record and is otherwise fully advised in the premises. The Court agrees with the Magistrate Judge’s analysis and conclusions.

Accordingly, it is ORDERED AND ADJUDGED as follows: 1. The Report [DE 14] is hereby ADOPTED and APPROVED; 2. Defendant’s Motion to Compel Arbitration and Dismiss/Stay Proceedings [DE 7] is hereby DENIED; 3. Defendants shall respond to the Complaint on or before May 4, 2021.

DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 20th day of April, 2021. f j (i 4 ff % f ? LO enmmnle #4 v Paty d ‘4 ase □□ CA MAGIA AYN VILLIAM P. DIMITROULEAS United States District Judge Copies furnished to: Magistrate Judge Strauss Counsel of record