United States of America et al v. Advanced Biohealing, Inc.

Filing 540

ORDER adopting and incorporating by reference 539 the Magistrate Judge's Report and Recommendations regarding the distribution of money from the Court registry. Signed by Judge Susan C. Bucklew on 6/22/2022. (DMB)

Case 8:11-cv-00176-SCB-AEP Document 540 Filed 06/22/22 Page 1 of 3 PageID 19758

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

UNITED STATES OF AMERICA
ex rel. BRIAN VINCA and
JENNIFER STAUP SWEENEY,
Plaintiffs,
v.

Case No. 8:11-cv-176-SCB-AEP

ADVANCED BIOHEALING, INC.,
Defendant.
________________________________/
ORDER
This cause comes before the Court to resolve how the funds from the Court
registry should be distributed as a result of charging liens that Barry A. Cohen,
P.A. and Saady & Saxe, PA asserted against their former client, Brian Vinca. (Doc.
523). The matter was considered by the United States Magistrate Judge, pursuant
to a specific order of referral. Magistrate Judge Porcelli has filed his report
recommending as follows:
1. Pursuant to the Stipulation (Doc. 532-1), the undersigned
recommends that the Clerk be directed to distribute the funds from the Court
registry as follows:
a. Twenty-five percent (25%) of the combined total of the
$6,128,500.00 quantum meruit award ($1,532,125.00) and 25% of

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87% of the total accrued interest be disbursed to Saady & Saxe, P.A.,
and made payable and mailed to Saady & Saxe, P.A., 360 Central
Avenue, Suite 1160, St. Petersburg, Florida 33701.
b. $62,000.00 be disbursed to Jennifer Sweeney, and made payable
and mailed to Jennifer Sweeney, 2150 Milkey Rd, Saline, Michigan
48176.
c. Fifty percent (50%) of the remaining balance ($4,534,375) of the
quantum meruit award ($2,267,187.50) and 50% of the remaining
balance of 87% of the total accrued interest be disbursed to Counsel
Financial Services, LLC and made payable and mailed to Counsel
Financial, Attn: Ryan Kagels, 500 Pearl Street, Suite 820, Buffalo,
New York 14202; and the remaining balance of the quantum meruit
award ($2,267,187.50) and the remaining balance of 87% of the total
accrued interest be disbursed to Kevin J. Darken Law Group, and
made payable and mailed to Kevin J. Darken Law Group, LLC Trust
Account, 27515 Fordham Drive, Wesley Chapel, Florida 33544.
d. The remaining principal balance being held in the Court registry
($1,021,500) and 13% of the total accrued interest be disbursed to
Brian Vinca, and made payable and mailed to McDonell, MacFarlane,
Ferguson & McMullen, PA, 201 N Franklin St Ste 2000, Tampa, FL
33602.
(Doc. 539).
All parties were furnished copies of the Report and Recommendation and
were afforded the opportunity to file objections pursuant to 28 U.S.C. § 636(b)(1).
No such objections were filed. Upon consideration of the Report and
Recommendation, and upon this Court's independent examination of the file, it is
determined that the Report and Recommendation should be adopted.
ACCORDINGLY, it is now ORDERED AND ADJUDGED that
The Magistrate Judge's Report and Recommendation (Doc. 539) is adopted

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and incorporated by reference in this Order of the Court.
DONE AND ORDERED at Tampa, Florida, this 22nd day of June, 2022.

Copies to:
The Honorable Anthony E. Porcelli
Counsel of Record