Blackburn v. USA et al

Filing 219

MEMORANDUM DECISION AND ORDER ADOPTING REPORT AND RECOMMENDATIONS -denying 159 Motion to Amend/Correct for Leave to Amend to Join Transferees and Shareholders of Defendant Moab Family Medicine; adopting Report and Recommendations r e 210 Report and Recommendations.; re 210 REPORT AND RECOMMENDATIONS re 159 MOTION to Amend/Correct 2 Complaint, and Memorandum in Support to Join Transferees and Shareholders of Defendant Moab Family Medicine, a now Dissolved Corporation filed by Tonya Kim Blackburn. IT IS FURTHER ORDERED that the request by Defendant Moab Family Medicine for attorneys fees8 is also DENIED. Signed by Judge David Barlow on 9/14/20. (jrj)

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH
TONYA KIM BLACKBURN,
Plaintiff,
v.
UNITED STATES; MOAB FAMILY
MEDICINE; EVE MAHER-YOUNG, PA-C;
and DOE INDIVIDUALS 1 through 10,
Defendants.

MEMORANDUM DECISION AND
ORDER ADOPTING [210] REPORT
AND RECOMMENDATION TO DENY
[159] MOTION FOR LEAVE TO AMEND
TO JOIN TRANSFEREES AND
SHAREHOLDERS OF DEFENDANT
MOAB FAMILY MEDICINE
Case No. 2:18-cv-00116-DBB-DAO
District Judge David Barlow
Magistrate Judge Daphne A. Oberg

The Report and Recommendation 1 issued by United States Magistrate Judge Daphne A.
Oberg on July 14, 2020 recommends 2 that this court DENY the Motion for Leave to Amend to
Join Transferees and Shareholders of Defendant Moab Family Medicine 3 and to DENY the
request by Defendant Moab Family Medicine for attorney’s fees. 4
The parties were notified of their right to file objections to the Report and
Recommendation within 14 days of its service pursuant to 28 U.S.C. § 636 and Fed. R. Civ.
P. 72. 5 No party filed a written objection to the Report and Recommendation as provided by

1
Report and Recommendation to Deny Motion for Leave to Amend to Join Transferees and Shareholders of
Defendant Moab Family Medicine, ECF No. 210, filed July 14, 2020.
2

Id. at 30.

3

Motion for Leave to Amend to Join Transferees and Shareholders of Defendant Moab Family Medicine, a Now
Dissolved Corporation, ECF No. 159, filed February 10, 2020.
4

Defendants Moab Family Medicine and Eve Mahler-Young, PA-C’s Opposition to Plaintiff’s Motion for Leave to
Amend to Join Transferees and Shareholders of Defendant Moab Family Medicine, A Now Dissolved Corporation
at 18, ECF No. 166, filed February 24, 2020.
5

Report and Recommendation at 30.

court rules. The court has reviewed the Report and Recommendation and determined that the
analysis and conclusions are sound. Therefore, the analysis and conclusion of the Magistrate
Judge are accepted, and the Report and Recommendation is adopted in its entirety.
ORDER
IT IS HEREBY ORDERED that the Report and Recommendation 6 is ADOPTED and the
Motion for Leave to Amend to Join Transferees and Shareholders of Defendant Moab Family
Medicine 7 is DENIED. IT IS FURTHER ORDERED that the request by Defendant Moab
Family Medicine for attorney’s fees 8 is also DENIED.
Signed September 14, 2020
BY THE COURT

____________________________________
David Barlow
United States District Judge

6

Report and Recommendation to Deny Motion for Leave to Amend to Join Transferees and Shareholders of
Defendant Moab Family Medicine, ECF No. 210, filed July 14, 2020.
7
Motion for Leave to Amend to Join Transferees and Shareholders of Defendant Moab Family Medicine, a Now
Dissolved Corporation, ECF No. 159, filed February 10, 2020.
8

Defendants Moab Family Medicine and Eve Mahler-Young, PA-C’s Opposition to Plaintiff’s Motion for Leave to
Amend to Join Transferees and Shareholders of Defendant Moab Family Medicine, A Now Dissolved Corporation
at 18, ECF No. 166, filed February 24, 2020.

2