Liberty Mutual Insurance Company v. Luxury Transportation Management, Inc. et al

Filing 34

ORDER ADOPTING REPORT AND RECOMMENDATIONS: This Court has reviewed the Report & Recommendation of Magistrate Judge James Orenstein, dated March 19, 2009. No objections have been filed. The Court adopts the Report & Recommendation in its entirety. Th e previous order granting default (Dkt. No. 30) is hereby vacated as to defendants Edward Sorin, Big A Brokerage Corp. and Aleksandr Savranskiy, plaintiff's motion for default judgment is denied as to these defendants, and the Complaint is dismi ssed with leave to amend in accordance with Judge Orenstein's Report & Recommendation. Plaintiff shall serve and file an amended complaint within 30 days of this order. The previous order granting default is likewise vacated and plaintiff' ;s Complaint is dismissed with prejudice as to defendants Boris Kurbatsky and Jose Rodriguez, in light of both the procedural deficiencies discussed in Judge Orensteins Report & Recommendation, and plaintiff's failure to prosecute its claims aga inst these individuals. The Court awards no damages on plaintiff's remaining claims against Luxury Transportation Management, Inc. and Boris Kurbatsky Insurance Brokerage Corp. Plaintiff has failed to prove damages to a reasonable certainty, despite ample opportunity to develop a record of its losses traceable to the alleged scheme. C/M. Ordered by Chief Judge Raymond J. Dearie on 4/15/2009. (Chee, Alvin)