Liberty Insurance Corporation et al v. Brenman et al

Filing 51

MEMORANDUM AND ORDER: For the reasons set forth above, the Austin Diagnostic defendants' motion to dismiss is denied in its entirety. Ordered by Chief Judge Carol Bagley Amon on 2/29/2016. (Fernandez, Erica)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

U.S. £~~OURTE.O.N.V.

* MAR 1- 2G~3 *

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LIBERTY INSURANCE CORPORATION,
LIBERTY MUTUAL FIRE INSURANCE
COMPANY, THE FIRST LIBERTY
INSURANCE CORPORATION, LM
GENERAL INSURANCE COMPANY, LM
INSURANCE CORPORATION, GENERAL
INSURANCE COMPANY OF AMERICA,
AMERICAN STATES PREFERRED
INSURANCE COMPANY, and SAFECO
INSURANCE COMPANY OF INDIANA,
Plaintiffs,

BROOKLYN OFFICE

NOT FOR PUBLICATION
MEMORANDUM & ORDER
14-CV-5892 (CBA) (LB)

-againstLEONID (LENNY) BRENMAN, YURIY
SLUPSKY, NATALIE ARNOFF, M.D.,
LYUDMILA MICHAEL SLUPSKY, M.D.,
AUSTIN DIAGNOSTIC MEDICAL, P.C.,
EX-LS MEDICAL, P.C., ABC MEDICAL
MANGAGEMENT, INC., JOHN DOES 1
THROUGH 20, and CORPORATIONS 1
THROUGH20,
Defendants.

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AMON, Chief United States District Judge:

On October 8, 2014, plaintiffs (collectively, "Liberty Mutual") filed the instant action
pursuant to the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U .S.C. § 1961,
et seq. Liberty Mutual alleges that defendants engaged in a scheme to fraudulently bill insurance
companies for medical services under New York's no-fault insurance law. Liberty Mutual also
asserts state-law claims for fraud and unjust enrichment. Liberty Mutual seeks compensatory,
punitive, and treble damages, together with costs and fees, as well as declaratory relief.
Defendants Natalie Arnoff, M.D., and Austin Diagonistic Medical, P.C., (collectively, the
"Austin Diagnostic defendants") moved to dismiss the complaint pursuant to Federal Rule of Civil
Procedure 12(b)(6), arguing that Liberty Mutual's RICO claim should be dismissed (1) in part, as

1

s/Carol Bagley Amon