Miller v. Wellpath et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
EUGENE MILLER,
Plaintiff,
v.
WELLPATH, et al.,
Defendants.
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Civil No. 4:23-CV-00282
Judge Jennifer P. Wilson
ORDER
Before the court is the report and recommendation of United States
Magistrate Judge Leo A. Latella recommending that the court grant the motion to
dismiss filed by Defendant Wellpath and decline to issue an order as requested by
Defendant Marty Cole, M.D. to include Wellpath on the verdict slip at trial and
compel Wellpath to cooperate with discovery and trial. (Doc. 52.) No party has
filed objections to the report and recommendation, resulting in the forfeiture of de
novo review by this court. Nara v. Frank, 488 F.3d 187, 194 (3d Cir. 2007) (citing
Henderson v. Carlson, 812 F.2d 874, 878–79 (3d Cir. 1987)).
Following an independent review of the report and record, and affording
“reasoned consideration” to the uncontested portions of the report, EEOC v. City of
Long Branch, 866 F.3d 93, 100 (3d Cir. 2017) (quoting Henderson, 812 F.2d at
879), to “satisfy [the court] that there is no clear error on the face of the record,”
Fed. R. Civ. P. 72(b), advisory committee notes, the court finds that Judge
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Latella’s analysis is well-reasoned and fully supported by the record and applicable
law. Accordingly, IT IS ORDERED AS FOLLOWS:
1) The report and recommendation, Doc. 52, is ADOPTED.
2) Wellpath’s motion to dismiss, Doc. 48, is GRANTED. Wellpath is
DISMISSED from this action.
3) Defendant Cole’s request for an order requiring Wellpath to be placed
on the verdict slip and that Wellpath be compelled to cooperate with
the remaining Defendants in the completion of discovery is DENIED
WITHOUT PREJUDICE to reassert through a proper motion at the
appropriate time.
4) This matter is referred back to Judge Latella for further pretrial
management.
s/Jennifer P. Wilson
JENNIFER P. WILSON
United States District Judge
Middle District of Pennsylvania
Dated: February 17, 2026
Case 4:23-cv-00282-JPW-LAL Document 54 Filed 02/17/26 Page 2 of 2