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)

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.)
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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.

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