Allstate Insurance Company et al v. Dynasty Medical Care, P.C. et al

Filing 185

ENDORSED ORDER ADOPTING 180 REPORT AND RECOMMENDATION. Ordered by Judge Jack B. Weinstein on 10/14/2015. (Barrett, C)

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Case 1:15-cv-03644-JBW-MDG Document 180 Filed 09124/15 Page 1 of 3 PageD #: 2624

N CLERKS OrF!CE

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

U.S. D!.STp

RT E.D.N,Y

* OCT2 6 2015 *
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BROOKLYN OFFICE

ALLSTATE INSURANCE COMPANY,
Plaintiffs,

REPORT AND
RECOMMENDATION
- against CV 2015-3644 (JBW) (MDG)
DYNASTY MEDICAL CARE, P.C.,
Defendants.
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This is an action brought under the Racketeer Influenced and
Corrupt Organizations Act ("RICO"), 18 U.S.C. §§ 1961-68.
Because the defendant Priority Medical Diagnostics P.C., which is
a corporation, failed to retain counsel to appear in this action
following withdrawal of its prior counsel, I recommend that the
Court strike the answer of defendant Priority Medical Diagnostics
P.C. and enter default against it.
DISCUSSION
By order dated August 14, 2015, this Court granted the
motion of Schwartz Law, P.C. to withdraw as counsel for
defendants Priority Medical Diagnostics P.C. and Mohamed Nour.
See Ct. doc.78.
In the order granting the motion, this Court advised that a
corporation may not appear in federal court except through
licensed counsel. See Rowland v. California Men's Colony, Unit
II Men's Advisory Council,. 506 U.S. 194, 202 (1993); Grace v.

Case 1:15-cv-03644-JBW-MDG Document 180 Filed 09124115 Page 2 of 3 PagelD #: 2625

Bank Leumi Trust Co. of N.Y., 443 F.3d 180, 187 (2d Cir. 2006);
Pecarsky v. Galaxiworld.com Ltd., 249 F.3d 167, 172 (2d Cir.
2001) ("As a corporation, appellant, Galaxiworld, could only
appear with counsel") . The court thus directed defendant
Priority Medical Diagnostics P.C. to obtain legal representation
by September 14, 2015 and warned that failure to do so could
result in entry of default. As of this date, no attorney has
entered a notice of appearance on behalf of the corporate
defendant. Nor has the defendant otherwise communicated with the
Court.

CONCLUSION
I therefore recommend that the Court strike the answer of
Priority Medical Diagnostics P.C. and enter default against it.
See Dow Chemical Pacific, Ltd. v. Rascator Maritime, S.A., 782
F.2d 329, 336 (2d Cir. 1986) (affirming entry of default where a
corporation fails to comply with the court's direction to secure
counsel); see also Grace, 443 F.3d at 192 (noting that "where a
corporation repeatedly fails to appear by counsel, a default
judgment may be entered against it pursuant to Rule 55")
(citations and quotation marks omitted)
Defendant Nour is reminded that the next conference in this
case is scheduled for October 22, 2015 at 2:00 p.m. in Courtroom
11-C at the United States Courthouse, 225 Cadman Plaza East,
Brooklyn, NY. Defendant Nour, as well as all other parties, must
attend.

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Case 1:15-cv-03644-JBW-MDG Document 180 Filed 09/24/15

Page 3 of 3 PagelD #: 2626

This report and recommendation will be filed electronically
and copies sent by mail to Priority Medical Diagnostics P.C. and
Mohamed Nour on this date. Any objections to this Report and
Recommendation must be filed with the Clerk of the Court, with a
copy to the Honorable Jack B. Weinstein, by October 12, 2015.
Failure to file objections within the specified time waives the
right to appeal.

See 28 U.S.C. § 636(b) (1); Fed. R. Civ. P.

72(b).
SO ORDERED.

Dated:

Brooklyn, New York
September 24, 2015
/s/
MARILYN D. GO
UNITED STATES MAGISTRATE JUDGE

Copy mailed to:
Mohamed Nour
Priority Medical Diagnostics P.C.
168-01 12th Avenue
Whitestone, NY 11357
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