Allstate Insurance Company et al v. Abramov et al
Filing
354
ORDER ADOPTING REPORT AND RECOMMENDATION. The plaintiffs' motion for default judgment against the defaulting defendants is granted, with liabilityand damages to be entered and awarded as set forth in Judge Bulsara's report. The plaintiffs& #039; motion for declaratory judgment is denied; the resulting causes of action are dismissed, as set forth in Judge Bulsara's report. Finally, the plaintiffs are awarded damages in the amounts summarized in Appendix A and Appendix B to Judge Bulsara's report. Ordered by Judge Ann M. Donnelly on 3/11/2020. (Greene, Donna)
FILED
IN CLERKS OFFICE
US DISTRICT COURT E.D.N.Y,
UNITED STATES DISTRICT COURT
^ HAS l( 2020 ^
EASTERN DISTRICT OF NEW YORK
X
BROOKLYN OFFICE
ALLSTATE INSURANCE COMPANY,
ALLSTATE FIRE AND CASUALTY
INSURANCE COMPANY,ALLSTATE
INDEMNITY COMPANY,ALLSTATE NEW
JERSEY INSURANCE COMPANY,ALLSTATE
ORDER ADOPTING REPORT AND
RECOMMENDATION
PROPERTY AND CASUALTY INSURANCE
16-CV-1465(AMD)
(SJB)
COMPANY,
Plaintiffs^
- against DMITREIABRAMOV,et al.,
Defendants.
X
ANN M.DONNELLY,United States District Judge:
On March 25,2016,the plaintiffs—^Allstate Insurance Company, Allstate Fire and
Casualty Insurance Company, Allstate Indemnity Company, Allstate New Jersey Insurance
Company,and Allstate Property and Casualty Insurance Company—^brought this action alleging
civil RICO,common law fraud, and unjust enrichment claims against 88 defendants. (ECF Nos.
1, 5.) On May 22,2018,the plaintiffs moved for defaultjudgment, which Magistrate Judge
Sanket J. Bulsara denied without prejudice for failure to serve the individual defendants
properly. Allstate Ins. Co. v. Abramov^ No. 16-CV-1465,2019 WL 1177854, at *4-5(E.D.N.Y.
Feb. 21, 2019),report and recommendation adopted^ 2019 WL 1172381 (Mar. 13,2019). On
April 22, 2019,the plaintiffs filed a second motion for defaultjudgment, which they moved to
amend on July 16, 2019 and January 23, 2020 after some ofthe defaulting parties appeared.
(ECF Nos. 340, 347, 351.)
1
On July 19, 2019,1 referred the plaintiffs' amended second motion for defaultjudgment
to Magistrate Judge Sanket Bulsara. In a February 21,2020 report and recommendation. Judge
Bulsara recommended that the plaintiffs' motion be granted in part and denied in part, and that
judgment enter against the remaining 21 defaulting defendants. (EOF No. 352.) Specifically, he
recommended that the plaintiffs' motion for defaultjudgment be granted for the RICO and
common law fraud claims,{id. at 36-38), that the plaintiffs be awarded treble damages without
prejudgment interest, and compensatory damages and prejudgment interest, as set forth in Table
3 and Table 5 of his report, and that the plaintiffs' motion for declaratory judgment be denied
and the related causes of action dismissed. {Id. at 36-39.) Finally, he recommended awarding
the plaintiffs damages as summarized in Appendix A and B to his report. {Id. at 37-39.) No
party has filed objections to Judge Bulsara's report and recommendation, and the time for doing
so has passed.
A district court"may accept, reject, or modify,in whole or in part, the findings or
recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1). To accept those
portions ofthe report and recommendation to which no timely objection has been made,"a
district court need only satisfy itselfthat there is no clear error on the face ofthe record." Jarvis
V. N. Am. Globex Fund L.P., 823 F. Supp. 2d 161,163(E.D.N.Y. 2011)(internal quotation
marks omitted).
I have reviewed Judge Bulsara's well-reasoned and detailed report and recommendation
and find no error. Accordingly,I adopt the report and recommendation in its entirety. The
plaintiffs' motion for defaultjudgment against the defaulting defendants is granted, with liability
and damages to be entered and awarded as set forth in Judge Bulsara's report. The plaintiffs'
motion for declaratory judgment is denied; the resulting causes of action are dismissed, as set
forth in Judge Bulsara's report. Finally, the plaintiffs are awarded damages in the amounts
summarized in Appendix A and Appendix B to Judge Bulsara's report.
SO ORDERED.
s/Ann M. Donnelly
Anik^Kohhelly
United S^tates District Judge
Dated: Brooklyn, New York
March 11,2020
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