UNITED STATES OF AMERICA ex. rel. Tom Proctor v. Next Health LLC et al

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
UNITED STATES OF AMERICA ex rel.
TOM PROCTOR,
Relator,
v.
NEXT HEALTH LLC,
Defendant.
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Civil Action No. 4:17-cv-00169
Judge Mazzant/Judge Davis
MEMORANDUM ADOPTING REPORT AND
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Came on for consideration the report of the United States Magistrate Judge in this action,
this matter having been heretofore referred to the Magistrate Judge pursuant to 28 U.S.C. § 636.
On February 5, 2026, the Magistrate Judge entered a Report and Recommendation (Dkt. #300)
that Relator Tom Proctor’s Motion for a Default Judgment (Dkt. #287) and Motion for a
Determination of Damages (Dkt. #290) be granted, Relator’s earlier Motion for a Default
Judgment (Dkt. #283) and Pre-Hearing Motion for Default Damages (Dkt. #293) be dismissed as
moot, and the government be awarded damages.
Having received the report of the United States Magistrate Judge, and no timely objections
being filed, the Court is of the opinion that the findings and conclusions of the Magistrate Judge
are correct and adopts the Magistrate Judge’s report as the findings and conclusions of the Court.
The Magistrate Judge also ordered that, within 14 days of the docketing of his Report and
Recommendation, Relator file a bill of costs and an accounting of the expenses and attorneys’ fees
he reasonably incurred in prosecuting this case. (Dkt. #300 at 21). Relator failed to file a bill of costs
or accounting by that deadline, so each party shall bear its own costs and attorneys’ fees. See Port
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of Stockton v. W. Bulk Carrier KS, 371 F.3d 1119, 1121–22, 1121 n.1 (9th Cir. 2004) (concluding that
a litigant’s failure to timely file a request for attorneys’ fees forfeited any claim to fees).
It is therefore ORDERED that Relator Tom Proctor’s Motion for a Default Judgment
(Dkt. #287) and Motion for a Determination of Damages (Dkt. #290) are GRANTED and that
Relator’s earlier Motion for a Default Judgment (Dkt. #283) and Pre-Hearing Motion for Default
Damages (Dkt. #293) are DISMISSED AS MOOT.
It is FURTHER ORDERED that the United States be awarded a judgment in the amount
of $448,545,910.96 plus post-judgment interest at the rate prescribed by 28 U.S.C. § 1961 against
Defendant Next Health, LLC, with 25% of any recovery to be paid to Relator.
IT IS SO ORDERED.
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