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Surgery Center of Viera, LLC v. Rockwell Collins, Inc., 6:17-cv-753-Orl-40DCI. (2018)

Court: District Court, M.D. Florida Number: infdco20180216955 Visitors: 9
Filed: Feb. 15, 2018
Latest Update: Feb. 15, 2018
Summary: ORDER PAUL G. BYRON , District Judge . This cause is before the Court on Defendants Rockwell Collins, Inc., Rockwell Collins, Inc. Employee Health Plan, and Rockwell Collins Employee Benefit Plan Committee's Motion to Dismiss (Doc. 29) filed on November 13, 2017 and Defendant Wellmark, Inc., d/b/a Wellmark Blue Cross and Blue Shield of Iowa's Motion to Dismiss (Doc. 44) filed on November 13, 2017. The United States Magistrate Judge has submitted a report recommending that the motions be gr
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ORDER

This cause is before the Court on Defendants Rockwell Collins, Inc., Rockwell Collins, Inc. Employee Health Plan, and Rockwell Collins Employee Benefit Plan Committee's Motion to Dismiss (Doc. 29) filed on November 13, 2017 and Defendant Wellmark, Inc., d/b/a Wellmark Blue Cross and Blue Shield of Iowa's Motion to Dismiss (Doc. 44) filed on November 13, 2017. The United States Magistrate Judge has submitted a report recommending that the motions be granted.

After an independent de novo review of the record in this matter, and noting that no objections were timely filed1, the Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendation.

Therefore, it is ORDERED as follows:

1. The Report and Recommendation filed January 31, 2018 (Doc. 62), is ADOPTED and CONFIRMED and made a part of this Order.

2. Defendants Rockwell Collins, Inc., Rockwell Collins, Inc. Employee Health Plan, and Rockwell Collins Employee Benefit Plan Committee's Motion to Dismiss (Doc. 29) is GRANTED.

3. Defendant Wellmark, Inc., d/b/a Wellmark Blue Cross and Blue Shield of Iowa's Motion to Dismiss Motion to Dismiss (Doc. 44) is GRANTED.

4. The Amended Complaint (Doc. 27) is DISMISSED with prejudice.

5. The Clerk is DIRECTED to close the file.

DONE AND ORDERED.

FootNotes


1. Copies were mailed to one of Plaintiff's counsel, Thomas Loucks, however, an additional three days under Fed. R. Civ. P. 6(e) is not necessary as Plaintiff's remaining counsel received electronic notice.
Source:  Leagle

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