Living Tree Laboratories, LLC. v. United Healthcare Services, Inc. et al

Filing 354

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 348 Motion for Miscellaneous Relief, filed by United Healthcare Services, Inc., United Behavioral Health, Inc., UnitedHealth Group, Inc., OptumInsight, Inc., 351 Report and Recommendations, ; granting 348 Motion ; Adopting 351 Report and Recommendations on 348 Motion for Miscellaneous Relief, filed by United Healthcare Services, Inc., United Behavioral Health, Inc., UnitedHealth Group, Inc., OptumInsight, Inc., 351 Report and Recommendations,. Certificate of Appealability: No Ruling Signed by Judge Darrin P. Gayles on 11/29/2022. See attached document for full details. (nan)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO.: 1:16-cv-24680-GAYLES/LOUIS
LIVING TREE LABORATORIES, LLC,
Plaintiff and Counter-Defendant,
v.
UNITED HEALTHCARE SERVICES, INC., et al.,
Defendants and Counter-Plaintiffs,
v.
LIVING TREE LABORATORIES, LLC,
A NEW START, INC., and MOSHE DUNOFF,
Counter-Defendant and Third-Party
Defendants.
____________________________________________/
ORDER
THIS CAUSE comes before the Court on Magistrate Judge Lauren Fleischer Louis’
Report and Recommendations (the “Report”) [ECF No. 351] regarding Judgment Creditors United
Healthcare Services, Inc., OptumInsight, Inc., United Behavioral Health, Inc., and UnitedHealth
Group, Inc.’s Motion to (I) Institute Proceedings Supplementary, (II) Issue a Notice to Appear to
Alyssa Dunoff, and (III) Schedule Further Proceedings Consistent with the Notice to Appear (the
“Motion”) [ECF No. 348]. The Court referred the Motion to Judge Louis for a ruling pursuant to
28 U.S.C. § 636. [ECF Nos. 35, 223, 327]. On November 11, 2022, Judge Louis issued her Report
recommending that the Motion be granted. No objections were filed.
A district court may accept, reject, or modify a magistrate judge’s report and
recommendation. 28 U.S.C. § 636(b)(1). Those portions of the report and recommendation to which

objections are made are accorded de novo review if those objections “pinpoint the specific findings
that the party disagrees with.” United States v. Schultz, 565 F.3d 1353, 1360 (11th Cir. 2009); see
also Fed. R. Civ. P. 72(b)(3). Any portions of the report and recommendation to which no specific
objections are made are reviewed only for clear error. Liberty Am. Ins. Grp., Inc. v. WestPoint
Underwriters, L.L.C., 199 F. Supp. 2d 1271, 1276 (M.D. Fla. 2001); accord Macort v. Prem, Inc.,
208 F. App’x 781, 784 (11th Cir. 2006).
Having reviewed the Report for clear error, the Court agrees with Judge Louis’ wellreasoned analysis and conclusions that the Motion should be granted and that proceedings
supplementary should be initiated.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1.

Magistrate Judge Lauren Fleischer Louis’ Report and Recommendations, [ECF No.
351], is AFFIRMED AND ADOPTED and incorporated into this Order by
reference.

2.
2022.

Judgment Creditors’ Motion, [ECF No. 348], is GRANTED.

DONE AND ORDERED in Chambers at Miami, Florida, this 29th day of November,

________________________________
DARRIN P. GAYLES
UNITED STATES DISTRICT JUDGE

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