Government Employees Insurance Company et al v. KJ Chiropractic Center LLC et al

Filing 660

ORDER adopting 657 REPORT AND RECOMMENDATIONS re 632 Motion for Default Judgment and 656 Joint MOTION for entry of judgment under Rule 54(b) against Defendant, Robert Thelusma, in the amount of $6,708,553.73 filed by Geic o Indemnity Company, GEICO General Insurance Company, Government. 632 Motion for Default Judgment is GRANTED in part. 656 Joint Motion for Entry of Separate and Final Judgment is GRANTED. See Order for further details. Signed by Judge Paul G. Byron on 1/8/2018. (MMW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

GOVERNMENT EMPLOYEES
INSURANCE COMPANY, GEICO
GENERAL INSURANCE COMPANY,
GEICO CASUALTY COMPANY and
GEICO INDEMNITY COMPANY,
Plaintiffs,
v.

Case No: 6:12-cv-1138-Orl-40DCI

KJ CHIROPRACTIC CENTER LLC,
WELLNESS PAIN & REHAB, INC.,
SADAT SMITH, ARTHUR VITO,
ESDRAS PIERRE LOUIS, JEAN
CASSAMAJOR, ROBERT COHEN,
ORLENE JOSEPH, EDNER DESIR,
ELAINE FELIX, VLADIMIR JEAN
PIERRE, ROBERT THELUSMA,
SHENIKA RICHARDSON, SHAYLA
GAINES, CHANEL AKINS, QUEENA
MCRAE, JEAN DORESTANT and
BELLE MANAGEMENT, LLC,
Defendants/Third
Party Plaintiff,
/
ORDER
This cause is before the Court on Plaintiffs' Motion for Default Judgment (Doc. 632)
filed on April 6, 2017 and Joint Motion for Entry of Separate Judgment and Final Judgment
(Doc. 656) filed on October 4, 2017. The United States Magistrate Judge has submitted
a report recommending that the motion at (Doc. 632) be granted in part and the motion
at (Doc. 656) be granted.

After an independent de novo review of the record in this matter, and noting that
no objections were timely filed, the Court agrees entirely with the findings of fact and
conclusions of law in the Report and Recommendation.
Therefore, it is ORDERED as follows:
1.

The Report and Recommendation filed November 2, 2017 (Doc. 657), is

ADOPTED and CONFIRMED and made a part of this Order.
2.

The Motion for Default Judgment (Doc. 632) is GRANTED in part as

follows:
a. Defendants Cassamajor, Louis, and Pierre are liable as to Counts 1 through
10;
b. Defendants Thelusma, Felix, and Desir are liable as to Counts 3 through 10
c. Defendants Richardson, Akins, and Gaines are liable as to Counts 2, 6, 7, and
8;
d. Defendant Cohen is liable as to Counts 1, 2, 5, 6, 7, 8, 9, and 10; and
e. Judgment is entered in favor of Plaintiffs and against Defendants Cassamajor,
Louis, Pierre, Felix, Desir, Richardson, Akins, Gaines, and Cohen, jointly and
severally with all Defendants, in the amount of $4,863,676.29, plus
postjudgment interest accruing from the date of this Order at a legal rate
established by 28 U.S.C. § 1961.
3.

The Motion for Default Judgment (Doc. 632) is DENIED as moot as to the

request for damages against Defendant Thelusma.
4.

The Motion for Default Judgment (Doc. 632) is DENIED to the extent that

Plaintiffs seek prejudgment interest.

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5.

The Motion for Default Judgment (Doc. 632) is DENIED without prejudice

to the extent that Plaintiffs seek attorney fees and costs against the Default Defendants.
6.

Plaintiffs are granted leave to file a motion for attorney fees and costs as to

the Default Defendants in accordance with Judge Irick’s Order at (Doc. 659).
7.

The Joint Motion for Entry of Separate Judgment and Final Judgment (Doc.

656) is GRANTED. Judgment is entered in favor of Plaintiffs and against Defendant
Thelusma in the amount of $6,708,553.73, jointly and severally with all Defendants, plus
postjudgment interest accruing from the date of this Order at the legal rate established by
28 U.S.C. § 1961.
DONE AND ORDERED in Orlando, Florida on January 8, 2018.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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