Hubbard v. Aetna/Coventry Health of Florida, Inc.

Filing 26

ORDER granting 15 motion to dismiss; denying 19 motion to amend/correct; adopting 24 Report and Recommendations; denying as moot 25 Motion Suspend and Continue Mediation. Signed by Judge Carlos E. Mendoza on 10/5/2016. (KMS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION

JACQUELYN H. HUBBARD,
Plaintiff,
v.

Case No: 5:16-cv-337-Oc-41PRL

COVENTRY HEALTH CARE OF
FLORIDA, INC. and JUANITA
RANSOM,
Defendants.
/
JACQUELYN H. HUBBARD,
Plaintiff,
v.

Case No: 5:16-cv-436-Oc-41PRL

JUANITA RANSOM,
Defendant.
/
ORDER
THIS CAUSE is before the Court on Defendants’ Motions to Dismiss (Doc. 15 in 5:16-cv337-Oc-41PRL and Doc. 7 in 5:16-cv-436-Oc-41PRL) 1 and Plaintiff’s Motion for Leave to File
an Amended Complaint (Doc. 19). The United States Magistrate Judge Philip R. Lammens filed a
Report and Recommendation (Doc. 24), recommending that Defendants’ Motions to Dismiss be
granted and that Plaintiff’s Motion to Amend be denied.

1

As indicated in Magistrate Judge Lammens’ Report and Recommendation (Doc. 24), the
cases filed under case numbers 5:16-cv-337-Oc-41PRL and 5:16-cv-436-Oc-41PRL have been
consolidated, with 5:16-cv-337-Oc-41PRL being designated as the lead case, which all filings for
either case are now docketed in.

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After an independent de novo review of the record and noting that no objections were
timely filed, this Court agrees entirely with the analysis set forth in the Report and
Recommendation.
Therefore, it is ORDERED and ADJUDGED as follows:
1.

The Report and Recommendation (Doc. 24) is ADOPTED and CONFIRMED
and made a part of this Order.

2.

Plaintiff’s Motion to Amend (Doc. 19) is DENIED.

3.

Defendants’ Motions to Dismiss (Doc. 15 in 5:16-cv-337-Oc-41PRL and Doc.
7 in 5:16-cv-436-Oc-41PRL) are GRANTED. Case numbers 5:16-cv-337-Oc41PRL and 5:16-cv-436-Oc-41PRL are DISMISSED without prejudice.

4.

Defendants’ Unopposed Motion to Suspend and Continue Mediation
Conference (Doc. 25) is DENIED as moot.

DONE and ORDERED in Orlando, Florida on October 5, 2016.

Copies furnished to:
Counsel of Record
Unrepresented Party

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