Estate of Ronald Alexander Howard, II, Deceased, by: Cathy Pack, Personal Representative v. Holzman et al

Filing 225

ORDER adopting 224 Report and Recommendation; denying 197 Defendant Joseph Fares, M.D.'s Motion to Dismiss; granting 184 Defendant Vernon Montoya, M.D.'s Motion to Dismiss; granting 187 Defendant Martin I. Holzman, M.D.'s Motion to Dismiss; granting 186 Defendant Osvaldo Contarini, M.D.'s Motion to Dismiss; granting 198 Defendants' Motion to Dismiss; dismissing Counts II, III, IV, and XI of the Second Amended Complaint. Defendant Joseph Fares, M.D. shall have up to and including January 22, 2019, to file an answer. Signed by Judge Marcia Morales Howard on 1/2/2019. (JW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
CATHY PACK, as Personal Representative
of the Estate of Ronald Alexander Howard, II,
Deceased,
Plaintiff,
Case No. 3:17-cv-778-J-34JBT
vs.
DR. MARTIN I. HOLZMAN, MD, et al.,
Defendants.
/

ORDER
THIS CAUSE is before the Court on the Report and Recommendation (Dkt. No.
224; Report), entered by the Honorable Joel B. Toomey, United States Magistrate Judge,
on December 5, 2018. In the Report, Judge Toomey recommends that the Motion filed
by Dr. Fares (Dkt. No. 197) be denied; that Dr. Fares be directed to answer the Second
Amended Complaint (Dkt. No. 179) within twenty days; that the Motions filed by Dr.
Montoya (Dkt. No. 184), Dr. Holzman (Dkt. No. 187), Dr. Contarini (Dkt. No. 186), and the
Administrators (Dkt. No. 198) be granted; and that Counts II, III, IV, and XI of the Second
Amended Complaint be dismissed with prejudice. See Report at 2, 26. No objections to
the Report have been filed, and the time for doing so has passed.
The Court “may accept, reject, or modify, in whole or in part, the finding or
recommendations by the magistrate judge.” 28 U.S.C. § 636(b). If no specific objections
to findings of facts are filed, the district court is not required to conduct a de novo review
of those findings. See Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993); see
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also 28 U.S.C. § 636(b)(1). However, the district court must review legal conclusions de
novo. See Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994);
United States v. Rice, No. 2:07-mc-8-FtM-29SPC, 2007 WL 1428615, at *1 (M.D. Fla.
May 14, 2007).
Upon independent review of the file and for the reasons stated in the Magistrate
Judge’s Report, the Court will accept and adopt the legal and factual conclusions
recommended by the Magistrate Judge. Accordingly, it is hereby
ORDERED:
1. The Magistrate Judge’s Report and Recommendation (Dkt. No. 224) is
ADOPTED as the opinion of the Court.
2. Defendant Joseph Fares, M.D.’s Motion to Dismiss Plaintiff’s Second Amended
Complaint (Dkt. No. 197) is DENIED.
3. Defendant Joseph Fares, M.D. shall have up to and including January 22,
2019, to file an answer to the Second Amended Complaint (Dkt. No. 179).
4. Defendant Vernon Montoya, M.D.’s Motion to Dismiss Plaintiff’s Second
Amended Complaint (Dkt. No. 184) is GRANTED.
5. Defendant Martin I. Holzman, M.D.’s Motion to Dismiss Plaintiff’s Second
Amended Complaint (Dkt. No. 187) is GRANTED.
6. Defendant Osvaldo Contarini, M.D.’s Motion to Dismiss Plaintiff’s Second
Amended Complaint (Dkt. No. 186) is GRANTED.
7. Defendants Julie L. Jones, Thomas Reimers, and Dr. Olugbenga Ogunsanwo’s
Motion to Dismiss Count XI of the Second Amended Complaint (Dkt. No. 198)
is GRANTED.

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8. Counts II, III, IV, and XI of the Second Amended Complaint (Dkt. No. 179) are
DISMISSED with prejudice.
DONE AND ORDERED in Jacksonville, Florida, this 2nd day of January, 2019.

ja
Copies to:
Counsel of Record

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