Allstate Insurance Company et al v. Lopez et al

Filing 80

MEMORANDUM & ORDER ADOPTING REPORT AND RECOMMENDATION; Judge Tomlinson's R&R (Docket Entry 77) is ADOPTED in its entirety. The Answers filed by the Yehudian Defendants at Docket Entries 29, 30, and 31 are STRICKEN. The Clerk of the Court is dir ected to enter certificates of default against the Yehudian Defendants. Plaintiffs are permitted to move for a default judgment within forty-five (45) days of the date of this Memorandum and Order. Plaintiffs are directed to serve a copy of this Memorandum and Order on the Yehudian Defendants and file proof of service on ECF. So Ordered by Judge Joanna Seybert on 8/2/2016. C/ECF (Valle, Christine)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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ALLSTATE INSURANCE COMPANY,
ALLSTATE INDEMNITY COMPANY,
ALLSTATE PROPERTY & CASUALTY
INSURANCE COMPANY, and
NORTHBROOK INDEMNITY COMPANY,
Plaintiffs,
-againstIRAGE YEHUDIAN, M.D., PADOVA
PHYSICAL REHABILITATION MEDICINE, P.C.,
and PROGRESSIVE REHABILITATION
FACILITY, P.C.,

MEMORANDUM & ORDER
14-CV-4826(JS)(AKT)

Defendants.
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APPEARANCES
For Plaintiffs:
Nathan A. Tilden, Esq.
Michael W. Whitcher, Esq.
Jasmine G. Vieux, Esq.
Richard D. King, Esq.
Smith & Brink, P.C.
1325 Franklin Ave., Suite 320
Garden City, NY 11530
For Defendants:

No appearance

SEYBERT, District Judge:
Pending before the Court is Magistrate Judge A. Kathleen
Tomlinson’s

Report

and

Recommendation

(“R&R”)

sua

sponte

recommending that this Court: (1) strike the Answers filed by
defendants Irage Yehudian, M.D., Padova Physical Rehabilitation
Medicine, P.C., and Progressive Rehabilitation Facility, P.C.
(collectively, the “Yehudian Defendants”), (2) order the Clerk of
the Court to enter a certificates of default against the Yehudian

Defendants, and (3) permit plaintiffs Allstate Insurance Company,
Allstate Indemnity Company, Allstate Property & Casualty Insurance
Company,

and

Northbrook

Indemnity

Company

“Plaintiffs”) to move for a default judgment.

(collectively,

(Docket Entry 77.)

For the following reasons, the Court ADOPTS Judge Tomlinson’s R&R
in its entirety.
BACKGROUND
On August 14, 2014, Plaintiffs commenced this action
against the Yehudian Defendants and Giovanni Lopez, Pepito Santos,
Jr., P.T., Steven Klein, D.C., Samuel Theagene, M.D., Harmonic
Physical Therapy, P.C., Peak Chiropractic, P.C., Empire State Pain
& Neuro, P.C., Platinum Health Physical Therapy, P.C., and Global
Health

Developers

&

Management,

Inc.,

(collectively,

“Defendants”), asserting claims under the Racketeer Influence and
Corrupt Organizations Act as well as state law in connection with
an alleged “health care billing fraud scheme.”
10.)

(See Compl. ¶¶ 1-

On May 12, 2015, the Court granted the Yehudian Defendants’

counsel’s motion to withdraw and directed the Yehudian Defendants
to retain new counsel within thirty days or “Plaintiffs will then
have the opportunity to move for default judgments.”
Order, Docket Entry 59.)

(Minute

October 8, 2015, all Defendants with the

exception of the Yehudian Defendants were terminated from this
action pursuant to a So Ordered Stipulation of Dismissal.
Docket Entry 74.)
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(Stip.,

On February 25, 2016, Judge Tomlinson issued an R&R sua
sponte recommending that the Court: (1) strike the Answers filed
by the Yehudian defendants, (2) order the Clerk of the Court to
enter a certificates of default against the Yehudian Defendants,
and (3) permit Plaintiffs to move for a default judgment.
1-2.)

(R&R at

Judge Tomlinson notes that the Yehudian Defendants have

ignored the Court’s directive to retain new counsel, failed to
appear at a telephone conference and hearing, and failed to respond
to Plaintiffs’ request for certificates of default.

(R&R at 7.)

DISCUSSION
In reviewing an R&R, a district court “may accept,
reject,

or

modify,

recommendations

in

made

by

whole
the

or

in

part,

magistrate

the

findings

judge.”

28

and

U.S.C.

§ 636(b)(1)(C). If no timely objections have been made, the “court
need only satisfy itself that there is no clear error on the face
of the record.”

Urena v. New York, 160 F. Supp. 2d 606, 609-10

(S.D.N.Y. 2001) (internal quotation marks and citation omitted).
Objections were due within fourteen (14) days of service
of the R&R.

The time for filing objections has expired, and no

party has objected.

Accordingly, all objections are hereby deemed

to have been waived.
Upon careful review and consideration, the Court finds
Judge Tomlinson’s R&R to be comprehensive, well-reasoned, and free
of clear error, and it ADOPTS the R&R in its entirety.
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CONCLUSION
Judge Tomlinson’s R&R (Docket Entry 77) is ADOPTED in
its entirety.

The Answers filed by the Yehudian Defendants at

Docket Entries 29, 30, and 31 are STRICKEN.

The Clerk of the Court

is directed to enter certificates of default against the Yehudian
Defendants.

Plaintiffs are permitted to move for a default

judgment within forty-five (45) days of the date of this Memorandum
and

Order.

Plaintiffs

are

directed

to

serve

a

copy

of

this

Memorandum and Order on the Yehudian Defendants and file proof of
service on ECF.

SO ORDERED.
/s/ JOANNA SEYBERT______
Joanna Seybert, U.S.D.J.
Dated:

August
2 , 2016
Central Islip, New York

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