Birken-Sikora et al v. 21st Century Oncology Holdings, Inc. et al

Filing 22

OPINION AND ORDER adopting Report and Recommendation; granting in part and denying in part Motions to Consolidate; denying as moot all other pending motions with leave to re-file in the consolidated case within fourteen days of this Opinion and Order. The Clerk is directed to consolidate the cases as set forth in the Report and Recommendation. See Opinion and Order for details. Signed by Judge John E. Steele on 8/10/2016. (AMB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
STUART
KAPLAN,
individually, and on behalf
of
all
others
similarly
situated,
Plaintiff,
v.

Case No: 2:16-cv-210-FtM-99MRM

21ST
CENTURY
HOLDINGS, INC.,

ONCOLOGY

Defendant.

JOHN DICKMAN, individually,
and on behalf of all others
similarly situated,
Plaintiff,
v.

Case No: 2:16-cv-218-FtM-99MRM

21ST
CENTURY
ONCOLOGY
HOLDINGS,
INC.
and
21ST
CENTURY ONCOLOGY, INC.,
Defendants.

RONA POLOVOY, individually
and on behalf of all others
similarly situated,
Plaintiff,
v.

Case No: 2:16-cv-219-FtM-99MRM

21ST
CENTURY
HOLDINGS, INC.,

ONCOLOGY

Defendant.

JIM BIMONTE, individually
and on behalf of others
similarly situated and MARY
ANN RODRIGUEZ, individually
and on behalf of others
similarly situated,
Plaintiffs,
v.

Case No: 2:16-cv-223-FtM-99MRM

21ST CENTURY ONCOLOGY, INC.,
21ST CENTURY ONCOLOGY, LLC,
21ST
CENTURY
ONCOLOGY
MANAGEMENT SERVICES, INC.,
21ST
CENTURY
ONCOLOGY
SERVICES,
LLC,
and
21ST
CENTURY ONCOLOGY HOLDINGS,
INC.,
Defendants.

STACEY
SCHWARTZ,
individually and on behalf
of themselves and others
similarly
situated
and
JUDITH
CABRERA,
individually and on behalf
of themselves and others
similarly situated,
Plaintiffs,
v.

Case No: 2:16-cv-241-FtM-99MRM

21ST
CENTURY
HOLDINGS, INC.,

ONCOLOGY

Defendant.

ROBERT
RUSSELL,
individually and on behalf
of
all others
similarly
situated,

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Plaintiff,
v.

Case No: 2:16-cv-242-FtM-29MRM

21ST
CENTURY
HOLDINGS, INC.,

ONCOLOGY

Defendant.

FRANK
BABURCHAK,
individually and on behalf
of
all others
similarly
situated,
LANA
IZWORSKI,
individually and on behalf
of
all others
similarly
situated,
JEREMY
MILLER,
individually and on behalf
of
all others
similarly
situated, KATHLEEN SHAVER,
individually and on behalf
of
all others
similarly
situated, DOLORES STUBBS,
individually and on behalf
of
all others
similarly
situated,
and
KAREN
VOSGAIAN, individually and
on behalf of all others
similarly situated,
Plaintiffs,
v.

Case No: 2:16-cv-245-FtM-29MRM

21ST CENTURY ONCOLOGY, LLC,
jointly and severally, 21ST
CENTURY
ONCOLOGY,
INC.,
jointly and severally, 21ST
CENTURY ONCOLOGY MANAGEMENT
SERVICES, INC., jointly and
severally,
21ST
CENTURY
ONCOLOGY
SERVICES,
LLC,
jointly and severally, and
21ST
CENTURY
ONCOLOGY
HOLDINGS, INC., jointly and
severally,

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Defendants.

MARY BARBIERI, individually
and on behalf of all others
similarly situated,
Plaintiff,
v.

Case No: 2:16-cv-252-FtM-99MRM

21ST
CENTURY
HOLDINGS, INC.,

ONCOLOGY

Defendant.

WILHELM
RADAUSCHER,
individually and on behalf
of
all others
similarly
situated,
ELIZABETH
CETRULO, individually and on
behalf
of
all
others
similarly
situated,
and
DAVID
GLICKMAN,
individually and on behalf
of
all others
similarly
situated,
Plaintiffs,
v.

Case No: 2:16-cv-257-FtM-99MRM

21ST
CENTURY
HOLDINGS, INC.,

ONCOLOGY

Defendant.

MAUREEN
TRELEASE,
individually and on behalf
of
others
similarly
situated,
Plaintiff,
v.

Case No: 2:16-cv-258-FtM-99MRM

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21ST
CENTURY
HOLDINGS, INC.,

ONCOLOGY

Defendant.

GEORGE
DELGADO,
individually and on behalf
of
all others
similarly
situated,
Plaintiff,
v.

Case No: 2:16-cv-259-FtM-99MRM

21ST
CENTURY
HOLDINGS, INC.,

ONCOLOGY

Defendant.

TIMOTHY
MEULENBERG,
individually and on behalf
of others similarly situated
and
SHARON
MACDERMID,
individually and on behalf
of
others
similarly
situated,
Plaintiffs,
v.

Case No: 2:16-cv-332-FtM-29MRM

21ST
CENTURY
HOLDINGS, INC.,

ONCOLOGY

Defendant.

GAYLE
BIRKEN-SIKORA,
individually and on behalf
of
others
similarly
situated, MATTHEW SIKORA,
individually and on behalf
of
others
similarly
situated,
SUSAN
LEWIN,

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individually and on behalf
of
others
similarly
situated,
JEFFREY
LEWIN,
individually and on behalf
of
others
similarly
situated,
JON
LOKIETZ,
individually and on behalf
of
others
similarly
situated,
CARYN
BENDETOWIES,
individually
and on behalf of others
similarly situated, and RITA
MARX, individually and on
behalf of others similarly
situated,
Plaintiffs,
v.

Case No: 2:16-cv-334-FtM-99CM

21ST
CENTURY
ONCOLOGY
HOLDINGS, INC., 21ST CENTURY
ONCOLOGY, LLC, 21ST CENTURY
ONCOLOGY, INC., 21ST CENTURY
ONCOLOGY
MANAGEMENT
SERVICES, INC., and 21ST
CENTURY ONCOLOGY SERVICES,
LLC,
Defendants.
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation, filed July 21, 2016
in each of the above-captioned cases, recommending that the Motions
to Consolidate be granted in part and denied in part and that the

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Motions for Appointment of Interim Class Counsel be denied as moot.
No objections have been filed and the time to do so has expired. 1
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.
636(b)(1);

28 U.S.C. §

Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982),

cert. denied, 459 U.S. 1112 (1983).

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 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) (Table).
After conducting an independent examination of the file and
upon due consideration of the Report and Recommendation, the Court
accepts the Report and Recommendation of the magistrate judge.

1

The Court notes that on July 29, 2016, a related case was
transferred from the United States District Court for the Southern
District of Florida. See Benzion v. 21st Century Oncology, LLC,
Case No. 2:16-cv-00591-UA-MRM. The Agreed Motion to Consolidate
and Stay Deadlines in Benzion, requesting the same relief
recommended by the Magistrate Judge, will be addressed by separate
Order.

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Accordingly, it is now
ORDERED:
1.

The Report and Recommendation is hereby adopted and the

findings incorporated herein.
2.

Plaintiffs’ Motions to Consolidate are GRANTED in part

and DENIED in part.
3.

The Clerk is directed to consolidate the cases as set

forth in the Report and Recommendation.
4.

All other pending motions, including plaintiffs’ Motions

for Appointment of Interim Class Counsel, are denied as moot with
leave to re-file in the consolidated case within fourteen days of
this Opinion and Order.
DONE and ORDERED at Fort Myers, Florida, this __10th__ day of
August, 2016.

Copies:
Hon. Mac R. McCoy
United States Magistrate Judge
Counsel of Record
Unrepresented parties

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