Government Employees Insurance CO. v. Mayard ( 2019 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK FORK FILED Xx Us (INCLERK'S OFF ‘S. DISTRICT CouRT ee GOVERNMENT EMPLOYEES URT E.D.NY. INSURANCE CO., GEICO INDEMNITY te AUG 3 0 2019 * CO., GEICO GENERAL INSURANCE COMPANY, and GEICO CA . and GEICO CASUALTY CO., BROOKLYN OFFICE Plaintiffs, NOT FOR PUBLICATION -against- ORDER No, 15-CV-4077 (CBA) (RML) GRACIA MAYARD, et al., Defendants. □□ eee name en nn ee re i ee ee nee X AMON, United States District Judge: Plaintiffs Government Employees Insurance Co., GEICO Indemnity Co., GEICO General Insurance Company, and GEICO Casualty Co., filed this action on July 10, 2015, alleging state- law fraud and unjust enrichment as well as claims under the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. § 1962(c). On October 7, 2015, the Clerk of Court entered default against Defendants Allmed Medical of Williamsburg, P.C., Billy Gervis, M.D., Jamaica Medical Plaza, P.C., Pavel Yutsis, M.D., and Lifex Medical Care, P.C., after these Defendants failed to appear or answer the complaint. Plaintiffs filed their motion for default judgment on October 12, 2018, and this Court referred that motion to the Honorable Robert M. Levy, United States Magistrate Judge, for a Report and Recommendation (“R&R”). On May 9, 2019, Magistrate Judge Levy concluded that Plaintiffs established Defendants’ liability on all counts and recommended entering judgment against each Defendant in different amounts reflective of their respective conduct. (See D.E. # 105 at 16.) No party has objected to the R&R, and the time for doing so has passed. The 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 of the R&R to which no timely objection has been made, “a district court need only satisfy itself that there is no clear error on the face of the record.” Nelson v. Smith, 618 F. Supp. 1186, 1189 (S.D.N.Y. 1985). The Court has reviewed the record and, finding no clear error, adopts the well-reasoned R&R as the opinion of the Court. Accordingly, the Court directs the Clerk of Court to enter judgment in favor of Plaintiffs in accordance with page sixteen of the R&R, (D.E. # 105 at 16), and to close the case. SO ORDERED, Dated: August? , 2019 - Brooklyn, New York s/Carol Bagley Amon — — = = = Carol Bagley 4mon United States Distri ge