Fresenius Vascular Care, Inc. v. Vasudeva

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

FRESENIUS VASCULAR CARE, INC., and NATIONAL MEDICAL CARE, INC.,

Plaintiffs,

v. Case No. 8:21-cv-1474-VMC-JSS

INDI VASUDEVA and TAMPA RENAL PHYSICIANS, P.L.,

Defendants. _______________________________/

ORDER This matter comes before the Court upon consideration of United States Magistrate Judge Julie S. Sneed’s Report and Recommendation (Doc. # 99), entered on November 13, 2023, recommending that Plaintiffs’ Motion for Final Judgment in Garnishment against Regions Bank (Doc. # 96) be granted. No objections have been filed, and the time for filing objections has lapsed. The Court accepts and adopts the Report and Recommendation and grants the Motion. Discussion After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject or modify the magistrate judge’s report and recommendation. 28 U.S.C. § 636(b)(1); Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982). In the absence of specific objections, there is no requirement that a district judge review factual findings de novo, Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993), and the court may accept, reject or modify, in whole or in part, the findings and recommendation. 28 U.S.C. § 636(b)(1)(C). If a party files a

timely and specific objection to a finding of fact by the magistrate judge, the district court must conduct a de novo review with respect to that factual issue. Stokes v. Singletary, 952 F.2d 1567, 1576 (11th Cir. 1992). The district judge reviews legal conclusions de novo, even in the absence of an objection. See Cooper-Houston v. S. Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); Castro Bobadilla v. Reno, 826 F. Supp. 1428, 1431-32 (S.D. Fla. 1993), aff’d, 28 F.3d 116 (11th Cir. 1994). After conducting a careful and complete review of the findings, conclusions, and recommendations, and giving de novo review to matters of law, the Court accepts the factual

findings and legal conclusions of the Magistrate Judge. Accordingly, it is now ORDERED, ADJUDGED, and DECREED: (1) The Report and Recommendation (Doc. # 99) is ACCEPTED and ADOPTED. (2) Plaintiffs’ Motion for Final Judgment in Garnishment against Regions Bank (Doc. # 96) is GRANTED. (3) The Clerk is directed to enter final judgment in favor of Plaintiffs Fresenius Vascular Care, Inc. and National Medical Care, Inc. and against Garnishee Regions Bank in the amount of $22,870.65 pursuant to section 77.083 of the Florida Statutes. DONE and ORDERED in Chambers in Tampa, Florida, this 28th day of November, 2023.

VIRGINIA M. HERNANDEZ*COVINGTON UNITED STATES DISTRICT JUDGE