Frank v. Gingrande et al

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
FORT LAUDERDALE DIVISION
Case No. 25-61564-CIV-DIMITROULEAS/HUNT
ALICIA FRANK
ex rel MURIEL FRANK,
Petitioner,
v.
BARBARA GINGRANDE
and VITAS HEALTHCARE CORPORATION,
Respondents
_________________________________________/
REPORT AND RECOMMENDATION
This matter is before this Court on Petitioner’s Emergency Petition for Writ of
Habeas Corpus Or Injunction. ECF No. 1. The Honorable William P. Dimitrouleas, United
States District Judge, referred the motions to the undersigned for appropriate disposition.
See 28 U.S.C. § 636(b); S.D. Fla. L.R., Mag. R. 1.
Immediately following the District Court’s referral, the undersigned contacted the
Parties to determine their availability for a hearing. The undersigned was informed that
the patient at the heart of the petition had died prior to the referral, rendering the petition
moot. After allowing the Parties time to consider how to move forward, the Parties agreed
that the case should be closed.
Based on the foregoing, the undersigned RECOMMENDS that the Petition, ECF
No. 1, be DENIED AS MOOT and the case DISMISSED.
Within 	seven 	(7) days 	after 	being 	served with 	a copy 	of 	this 	Report and
Recommendation, any party may serve and file written objections to any of the above
findings and recommendations as provided by the Local Rules for this district. 28 U.S.C.
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§ 636(b)(1); S.D. Fla. Mag. R. 4(b). The parties are hereby notified that a failure to timely
object waives the right to challenge on appeal the District Court’s order based on
unobjected-to 	factual 	and 	legal 	conclusions 	contained 	in 	this 	Report 	and
Recommendation. 11th Cir. R. 3–1 (2018); see Thomas v. Arn, 474 U.S. 140 (1985).
DONE AND SUBMITTED at Fort Lauderdale, Florida this 14th day of November
2025.
____________________________________
PATRICK M. HUNT
Copies furnished to: 	UNITED STATES MAGISTRATE JUDGE
Honorable William P. Dimitrouleas
All Counsel of Record
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