De Rossitte v. Daniel et al

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
IKARA CHRISTIANA EARNESTINE
EUGE VAGANTE DE ROSSITTE 	PLAINTIFF
v. 	Case No. 6:23-cv-06008
WELLPATH, LLC; DR. THOMAS
DANIEL; CHRIS HORAN; CHARLOTTE
GARDNER; DOE WELLPATH ADMINISTRATORS;
and WELLPATH LIQUIDATING TRUST 	DEFENDANTS
ORDER
Before the Court is a Report and Recommendation filed on March 6, 2026, by the
Honorable Christy Comstock, United States Magistrate Judge for the Western District of Arkansas.
(ECF No. 87). Judge Comstock recommends that Defendants’ Motion for Summary Judgment on
the Merits (ECF No. 52) be granted in part and denied in part. 	Specifically, Judge Comstock
recommends that the Motion for Summary Judgment be denied as to Defendants Dr. Thomas
Daniel and Chris Horan on Claim Two for denial of medical care for Plaintiff’s eye conditions.
Judge Comstock recommends that the Motion for Summary Judgment be granted as to Plaintiff’s
Claims One and Three, and as to Defendant Charlotte Gardner on Plaintiff’s Claim Two.
Plaintiff has not responded to the Report and Recommendation, and the time to do so has
passed. See 28 U.S.C. § 636(b)(1). Upon review, finding no clear error on the face of the record
and that Judge Comstock’s reasoning is sound, the Court adopts the Report and Recommendation
(ECF No. 87) in toto. 	Accordingly, the Court finds that Defendants’ Motion for Summary
Judgment (ECF No. 52) should be and hereby is GRANTED IN PART AND DENIED IN
PART:
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2
1. 	Defendant’s Motion (ECF No. 52) is GRANTED on Claims One and Three, and
Defendants Wellpath, LLC and Doe Wellpath Administrators are TERMINATED as
Defendants in this case;
2. 	Plaintiff’s Claims One and Three are DISMISSED WITH PREJUDICE;
3. 	Defendants’ Motion (ECF No. 52) is GRANTED as to Defendant Charlotte Gardner
on Claim Two, and Defendant Charlotte Gardner is TERMINATED as a Defendant in
this case;
4. 	Defendants’ Motion (ECF No. 52) is DENIED as to Defendants Dr. Thomas Daniel
and Chris Horan on Claim Two for denial of medical care for Plaintiff’s eye conditions.
IT IS SO ORDERED, this 10th day of April, 2026.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge
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