Government Employees Insurance Co. et al v. Green et al

Filing 93

ORDER dated 5/21/14 that Judge Pollak's November 7, 2012 Order is affirmed. Geico's motion for a default judgment against Yevdayev, Imaging Associates of Five Boroughs, L.L.C. and Five County Imaging Holdings, L.L.C. is granted and judgment is entered in the amount of $1,451,785.62. ( Ordered by Judge Sandra L. Townes on 5/21/2014 ) forwarded for jgm. (Guzzi, Roseann)

FILED
IN CLERK'S OFFICE
US OISTRiCT COURT E.D.N_Y

-.;, MAY 2 ;, 2Gl4
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

*

BROOKLYN OFFICE

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Government Employees Insurance Co., et al.,
Plaintiffs,

ORDER

- against M.D. Michael D. Green,
Defendants.

----------------------------------------------------------X:
TOWNES, United States District Judge,

Plaintiffs Government Employees Insurance Co., Geico Indemnity Co., Geico General
Insurance Company, and Geico Casualty Co., (collectively, "GEICO"), bring the present action
seeking damages related to an alleged fraudulent scheme conducted by defendants M.D. Michael
D. Green, M.D. Clifford Beinart, Vista Medical Diagnostic Imaging, P.C., Total Global Medical,
P.C., Imaging Associates of Five Boroughs, L.L.C., Five County Imaging Holdings, L.L.C., Asaf
Yevdayev, Rapuzzi, Palumbo & Rosenberger, P.C. and Patricia Rapuzzi.
Defendants (1) Yevdayev, (2) Imaging Associates of Five Boroughs, L.L.C., and (3) Five
County Imaging Holdings, L.L.C., (collectively, "Instant Defendants"), failed to respond and, on
June 12, 2012, GEICO moved for a default judgment against them. A district court may
designate a Magistrate Judge to hear and determine certain motions pending before the Court and
to submit to the Court proposed findings of fact and a recommendation as to the disposition of
the motion. See 28 U.S.C. § 636(b)(l). On June 21, 2012, this Court referred the motion for a
default judgment to Magistrate Judge Pollak, who issued a report and recommendation dated
November 7, 2012. Within fourteen days of service of the recommendation, any party may file
written objections to the Magistrate Judge's report. See id. Upon de novo review of those
portions of the record to which objections were made, the district court judge may affmn or

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reject the recommendations. See id. The Court is not required to review the factual or legal
conclusions of the Magistrate Judge as to those portions of the report and recommendation to
which no objections are addressed. See Thomas v. Arn, 474 U.S. 140, 150 (1985). In addition,
failure to file timely objections may waive the right to appeal this Court's Order. See 28 U.S.C.
§ 636(b)(l); Small v. Sec'y of Health & Human Servs., 892 F.2d 15, 16 (2d Cir. 1989).
In this case, Magistrate Judge Pollak recommended that GEICO's motion for a default

judgment should be granted. No objections were timely filed with this Court. Magistrate Judge
Pollak recommended that default judgment in favor of GEICO be entered in the amount of
$1,261,697.40 in damages ($420,565.80 in compensatory damages, trebled under RICO, 18
U.S.C. § 1964), and $118,584.42 in pre-judgment interest calculated through June 30, 2012,
totaling $1,380,281.82. Magistrate Judge Pollak also recommended that GEICO be awarded an
additional amount of prejudgment interest, calculated at a non-compounded rate of 9o/o per
annum, for the period from June 30, 2012 to the date of judgment. Thus, in addition to
$1,380,281.82, GEICO is entitled to $71,553.80 in pre-judgment interest calculated to the date of
this order, for a total of$1,451,785.62.
CONCLUSION
Judge Pollak's November 7, 2012 Order is affinned. GEICO's motion for a default
judgment against Yevdayev, Imaging Associates of Five Boroughs, L.L.C., and Five County
Imaging Holdings, L.L.C. is granted and judgment is entered in the amount of$1,451,785.62.

SO ORDERED

/s/(SLT)
(SANDRA L. TOWNES
· United States District Judge

Dated: Brooklyn, New York
May 21, 2014

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