Surgery Center of Viera, LLC v. Southeastern Surveying and Mapping Corporation et al

Filing 55

ORDER adopting 53 REPORT AND RECOMMENDATIONS re 28 MOTION to dismiss 20 Amended Complaint and Memorandum of Law in Support filed by Southeastern Surveying and Mapping Corporation, Southeastern Surveying and Mapping Welfare Pla n, James Petersen, Blue Cross. Defendants' Motion to Dismiss Amended Complaint (Doc. 28) is GRANTED. The Amended Complaint (Doc. 20) is DISMISSED with prejudice. The Clerk is DIRECTED to close the file. Signed by Judge Paul G. Byron on 2/15/2018. (MMW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

SURGERY CENTER OF VIERA, LLC,
Plaintiff,
v.

Case No: 6:17-cv-754-Orl-40TBS

SOUTHEASTERN SURVEYING AND
MAPPING CORPORATION, BLUE
CROSS AND BLUE SHIELD OF
FLORIDA, INC., JAMES PETERSEN
and SOUTHEASTERN SURVEYING
AND MAPPING WELFARE PLAN,
Defendants.
/
ORDER
This cause is before the Court on Defendants' Motion to Dismiss Amended
Complaint (Doc. 28) filed on September 29, 2017. The United States Magistrate Judge
has submitted a report recommending that the motion be granted.
After an independent de novo review of the record in this matter, and noting that
no objections were timely filed 1, 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 January 31, 2018 (Doc. 53), is

ADOPTED and CONFIRMED and made a part of this Order.

1

Copies were mailed to one of Plaintiff’s counsel, Thomas Loucks, however, an additional
three days under Fed. R. Civ. P. 6(e) is not necessary as Plaintiff’s remaining counsel
received electronic notice.

2.

Defendants’ Motion to Dismiss Amended Complaint (Doc. 28) is

GRANTED.
3.

The Amended Complaint (Doc. 20) is DISMISSED with prejudice.

4.

The Clerk is DIRECTED to close the file.

DONE AND ORDERED in Orlando, Florida on February 15, 2018.

Copies furnished to:
Counsel of Record
Unrepresented Parties

2