Government Employees Insurance Company et al v. Esses et al

Filing 105

ORDER ADOPTING REPORT AND RECOMMENDATION: The Court adopts the Report and Recommendation of Magistrate Viktor V. Pohorelsky without reservation. Accordingly, the Court grants plaintiffs' motion for entry of a default judgment against defendants and awards plaintiffs damages as described. The Clerk of the Court is directed to enter judgment accordingly. C/M. Forwarded for judgment. Ordered by Judge Raymond J. Dearie on 11/5/2013. (Chee, Alvin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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GOVERNMENT EMPLOYEES
INSURANCE COMPANY, et ai.,
Plaintiffs,

ORDER
12 CV 4424 (RJD)(VVP)

- against JACOB ESSES, M.D., et ai.,
Defendants.

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In his September 27,2013 Report and Recommendation, ECF No. 89, Magistrate Judge
Viktor V. Pohorelsky recommends that the Court grant the motion of plaintiffs Government
Employees Insurance Co., GEICO Indemnity Co., GEICO General Insurance Co., and GEICO
Casualty Co. for entry of default judgment against defendants Servio Calderin, M.D., Americana
Management, Inc., Bonafide Billing Services, Inc., Rafael Antonio De La Cruz-Gomez, M.D.,
Frederick Whitehouse, Vladimir Geykhman, Heidi Gonzalez, and Prestige Bilcom, Inc. for
common law fraud, unjust enrichment, and violating the Racketeer Influenced and Corrupt
Organizations Act ("RICO"). 18 U.S.c. §§ 1961-1968.
The Report and Recommendation further recommends that plaintiffs be awarded tremble
damages under RICO, pursuant to 18 U.S.C. § 1964(c). Because the damages awarded under
RICO wholly compensate plaintiffs, and those damages are trebled, plaintiffs are not entitled to
damages on the common law fraud or unjust enrichment claims. The recommended treble
damages are as follows:
1) $813,207.00 against Vladimir Geykhman, Heidi Gonzalez, Servio Calderin, M.D.,
Rafael Antonio De La Cruz-Gomez, M.D., Prestige BiIcom, Inc., and Bonafide
Billing Services, Inc., for which they are jointly and severally liable;

2) $135,886.47 against Heidi Gonzalez, Servio Calderin, M.D., and Bonafide Billing
Services, Inc., for which they are jointly and severally liable;
3) $445, 101.06 against Vladimir Geykhman individually; and
4) $98,993.55 against Frederick Whitehouse and Americana Management, Inc., for
which they are jointly and severally liable.
No objections have been filed to the Report and Recommendation, and defendants' time
to do so has expired.
Having considered the papers submitted in support of plaintiffs' motion and Magistrate
Judge Pohorelsky's comprehensive analysis, the Court adopts the Report and Recommendation
without reservation. Accordingly, the Court grants plaintiffs' motion for entry of a default
judgment against defendants and awards plaintiffs damages as described above.
The Clerk of the Court is directed to enter judgment accordingly.

SO ORDERED.
Dated: Brooklyn, New York
November 5, 2013

/s/ Judge Raymond J. Dearie

RAj~~EARIE

Unite States Dlstnct Judge