v. Teamcare Infusion Orlando, Inc. et al

Filing 40

ORDER adopting 39 REPORT AND RECOMMENDATION re 1 Complaint filed by Teamcare Infusion Orlando, Inc. The decision of the Secretary of the Department of Health and Human Services is hereby REVERSED and this matter REMANDED for further proceedings pursuant to sentence four of Section 405(g), 42 U.S.C. The Clerk is directed to enter judgment, accordingly. Within fourteen days of the date of the Judgment Plaintiff may file a motion for attorneys' fees and costs. The Clerk is directed to CLOSE the file. Signed by Chief Judge Anne C. Conway on 8/16/2012. (SR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
TEAMCARE INFUSION ORLANDO,
INC.,
Plaintiff,
v.

Case No: 6:10-cv-1752-Orl-22GJK

SECRETARY, UNITED STATES
DEPARTMENT OF HEALTH AND
HUMAN SERVICES,
Defendant.

ORDER
This cause is before the Court on an appeal from a final decision of the Secretary of the
Department of Health and Human Services (Doc. No. 1) filed on November 24, 2010.
The United States Magistrate Judge has submitted a report recommending that the
Secretary’s decision be reversed and the matter remanded for further proceedings pursuant to
sentence four of Section 405(g), 42 U.S.C.
After an independent de novo review of the record in this matter, and noting that no
objections were timely filed, the Court agrees entirely with the findings of fact and conclusions
of law in the Report and Recommendation.
Therefore, it is ORDERED as follows:
1.

The Report and Recommendation filed August 1, 2012 (Doc. No. 39), is

ADOPTED and CONFIRMED and made a part of this Order.
2.

The decision of the Secretary of the Department of Health and Human Services is

hereby REVERSED and this matter REMANDED for further proceedings pursuant to sentence
four of Section 405(g), 42 U.S.C. The Clerk is directed to enter judgment, accordingly.

3.

Within fourteen days of the date of the Judgment Plaintiff may file a motion for

attorneys’ fees and costs.
4.

The Clerk is directed to CLOSE the file.

DONE and ORDERED in Orlando, Florida on August 16, 2012.

Copies furnished to:
Counsel of Record

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