GOMEZ v. Neighborhood Health Partnership, Inc.

Filing 47

ORDER Adopting 41 Report and Recommendations on 29 Motion for Summary Judgment and Closing Case Signed by Judge Kathleen M. Williams on 5/13/2024. See attached document for full details. (bja)

Download PDF
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 22-23823-CV-WILLIAMS ABIGAIL GOMEZ, Plaintiff, v. NEIGHBORHOOD HEALTH PARTNERSHIP, INC., Defendant. _____________________________________/ ORDER THIS MATTER is before the Court on Magistrate Judge Lisette M. Reid’s Report and Recommendation (DE 41) (“Report”) on Defendant’s Motion for Summary Judgment (DE 29) (“Motion”). In the Report, Magistrate Judge Reid recommends that the Court grant Defendant’s Motion. (DE 41 at 1.) Specifically, the Report finds that Plaintiff did not demonstrate her entitlement to receive health coverage for services performed by Dr. Epstein. (Id. at 9–12.) Additionally, the Report finds that Plaintiff did not exhaust all available administrative remedies under her ERISA-governed plan as it relates to Count II of Plaintiff’s Complaint. 1 (Id. 8–9.) Plaintiff filed Objections to the Report (DE 43), to which Defendant filed a Response (DE 46). The Court conducted a de novo review of the portions of the Report to which Plaintiff objected and a review of the remainder of the Report for clear error. In its Response to Plaintiff’s Objections (DE 46), Defendant does not object to Judge Reid’s recommendation that Count II should be dismissed without prejudice subject to Plaintiff submitting an appeal on the denial of benefits for services performed by Dr. Toriumi. (DE 46 at 5–6.) 1 Page 1 of 2 Having carefully reviewed the Report, the objections, the record, and applicable law it is ORDERED AND ADJUDGED as follows: 1. The Report (DE 41) is AFFIRMED AND ADOPTED. 2. Defendant’s Motion for Summary Judgment (DE 29) is GRANTED. 3. Count II of Plaintiff’s Complaint (DE 1) is DISMISSED without prejudice. 4. Final Judgment will be entered by way of a separate Order. 5. All hearings, trial, and deadlines are CANCELED. 6. The Clerk of Court is directed to CLOSE this case. DONE AND ORDERED in Chambers in Miami, Florida, on this 13th day of May, 2024. Page 2 of 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?