Joseph v. Communicare Healthcare Services Inc.

United States District Court for the Southern District of Florida

Joseph v. Communicare Healthcare Services Inc.

Trial Court Opinion

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 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

Reference

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