Summary
The United States District Court for the Eastern District of Texas adopted a magistrate judge’s report and recommendation granting Relator Tom Proctor’s motions for default judgment and determination of damages against Next Health LLC. The court awarded the United States $448,545,910.96 plus post-judgment interest, with 25% of any recovery payable to the relator, and ordered each party to bear its own costs and attorneys’ fees.
Holdings
- The district court adopted the magistrate judge's Report and Recommendation as the findings and conclusions of the court because no timely objections were filed and the report was correct.
- The relator's Motion for a Default Judgment and Motion for a Determination of Damages were granted, and the United States was awarded a judgment of $448,545,910.96 plus post-judgment interest at the rate prescribed by 28 U.S.C. § 1961, with 25% of any recovery paid to the relator.
- The relator forfeited any claim to costs and attorneys' fees by failing to file the required bill of costs and accounting by the court-ordered deadline, and each party was ordered to bear its own costs and attorneys' fees.
Questions Presented
- Whether the district court should adopt the magistrate judge's Report and Recommendation when no timely objections were filed.
- Whether the relator was entitled to default judgment and a determination of damages against Next Health LLC.
- Whether the relator forfeited any claim to costs and attorneys' fees by failing to timely file a bill of costs and accounting.
Disposition
other
Cases Cited (1)
- Port of Stockton v. W. Bulk Carrier KS, 371 F.3d 1119, 1121–22, 1121 n.1 (9th Cir. 2004)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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