Florida Agency for Health Care Administration v. Administrator for the Centers for Medicare & Medicaid Services
This text of Florida Agency for Health Care Administration v. Administrator for the Centers for Medicare & Medicaid Services (Florida Agency for Health Care Administration v. Administrator for the Centers for Medicare & Medicaid Services) is published on Counsel Stack Legal Research, covering District Court, S.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
SUONUITTEHDE RSTNA DTIESST RDIICSTT ROIFC TFL COORUIDRAT FORT LAUDERDALE DIVISION
STATE OF FLORIDA, et al.,
Plaintiffs,
v. Case No. 23-cv-61595-WPD
CHIQUITA BROOKS-LASURE, et al.,
Defendants. /
ORDER APPROVING REPORT OF MAGISTRATE JUDGE
THIS CAUSE is before the Court upon Plaintiffs’ Motion for Preliminary Injunction [DE 10], Defendants’ Motion to Dismiss [DE 40], and the Report and Recommendation entered by Magistrate Judge Augustin-Birch on January 29, 2024 (the “Report”) [DE 48]. The Court has conducted a de novo review of Motions, the Report, Plaintiffs’ Objections to the Magistrate Judge’s Report and Recommendation [DE 49], Defendants’ Response to Plaintiffs’ Objections [DE 52], and is otherwise fully advised in the premises. The Court notes that Judge Augustin- Birch held a hearing on the Motions on December 20, 2024. See [DE 44]. A party seeking to challenge the findings in a report and recommendation of a United States Magistrate Judge must file “written objections which shall specifically identify the portions of the proposed findings and recommendation to which objection is made and the specific basis for objection.” Macort v. Prem, Inc., 208 F. App’x 781, 783 (11th Cir. 2006) (quoting Heath v. Jones, 863 F.2d 815, 822 (11th Cir. 1989)). “It is critical that the objection be sufficiently specific and not a general objection to the report.” Macort, 208 F. App’x at 784 (citing Goney v. Clark, 749 F.2d 5, 7 (3d Cir. 1984)). If a party makes a timely and specific objection to a finding in the report and recommendation, the district court must conduct a de 783-84; see also 28 U.S.C. § 636(b)(1). The district court may accept, reject, or modify in whole or in part, the findings or recommendations made by the Magistrate Judge. Macort, 208 F. App’x at 784; 28 U.S.C. § 636(b)(1). Accordingly, the Court has undertaken a de novo review of the Report, the record, and Plaintiffs’ Objections. Having carefully considered Plaintiffs’ Objections, the Court overrules the Objections. The Court agrees with the Magistrate Judge’s conclusion that, based upon the lack of final agency action, the Motion for Preliminary Injunction should be denied without prejudice and the Motion to Dismiss should be granted. Accordingly, it is ORDERED AND ADJUDGED as follows: 1. The Magistrate Judge’s Report and Recommendation [DE 48] is hereby APPROVED; 2. Plaintiffs’ Objections [DE 49] are hereby OVERRULED; 3. Plaintiffs’ Motion for Preliminary Injunction [DE 10] is hereby DENIED; 4. Defendants’ Motion to Dismiss [DE 40] is hereby GRANTED; 5. The Complaint is hereby DISMISSED WITHOUT PREJUDICE; 6. The Clerk is DIRECTED to CLOSE this case and DENY AS MOOT any pending motions. DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida this 6th day of March, 2024. fl } “a 4 : “4 if % f ? f tne i ye Zo #4 v Paty 4 ‘4 ase Af CA xe KN VIGVAML-] VILLIAM P. DIMITROULEAS Copies furnished to: United States District Judge Counsel of record
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