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Allstate Insurance Co. v. Yehudian

United States District Court, E.D. New York

March 31, 2018

ALLSTATE INSURANCE COMPANY, ALLSTATE INDEMNITY COMPANY, ALLSTATE PROPERTY & CASUALTY INSURANCE COMPANY, and NORTHBROOK INDEMNITY COMPANY, Plaintiffs,
v.
IRAGE YEHUDIAN, M.D., PADOVA PHYSICAL REHABILITATION MEDICINE, P.C., and PROGRESSIVE REHABILITATION FACILITY, P.C., Defendants.

          For Plaintiffs: Jasmine Garcia-Vieux, Esq. Michael W. Whitcher, Esq. Nathan A. Tilden, Esq. Richard D. King, Jr., Esq. Smith & Brink PC

          For Defendants: No appearances [1]

          MEMORANDUM & ORDER

          JOANNA SEYBERT, U.S.D.J.

         Pending before the Court is Magistrate Judge A. Kathleen Tomlinson's Report and Recommendation (“R&R”) recommending that Allstate Insurance Company, Allstate Indemnity Company, Allstate Property & Casualty Insurance Company, and Northbrook Indemnity Company's (collectively, “Plaintiffs”) motion for entry of default judgment and entry of final judgment against the Yehudian Defendants be granted in part and denied in part. (R&R, Docket Entry 95.) For the following reasons, the Court ADOPTS Judge Tomlinson's R&R in its entirety.

         BACKGROUND

         The Court presumes familiarity with the factual and procedural history of this matter, which is set forth in detail in the R&R, Judge Tomlinson's August 23, 2017 R&R (the “August 2017 R&R”), (Aug. 2017 R&R, Docket Entry 86), and this Court's September 13, 2017 Order (the “September 2017 Order”), (Sept. 2017 Order, Docket Entry 90). Briefly, on August 14, 2014, Plaintiffs commenced this action against the Yehudian Defendants and a number of former co-defendants.[2] Plaintiffs seek to “recover damages arising from an alleged fraudulent healthcare billing scheme purportedly orchestrated by the defendants in violation of state and federal law.” (R&R at 1; see generally Compl., Docket Entry 1.)

         After Judge Tomlinson issued the August 2017 R&R, Plaintiffs filed a response dated September 6, 2017, which the Court construed as a motion to renew their motion for entry of default judgment in accordance with the August 2017 R&R. (Sept. 2017 Order at 6; Mot. to Renew, Docket Entry 88.) In the September 2017 Order, the undersigned referred Plaintiffs' motion to Judge Tomlinson for an R&R on “whether Plaintiffs' motion should be granted and, if necessary, to determine the appropriate amount of damages, costs, and/or fees to be awarded.” (Sept. 2017 Order at 6.)

         Judge Tomlinson issued her R&R on February 15, 2018, recommending that the Court grant in part and deny in part Plaintiffs' motion for entry of default judgment and motion for entry of final judgment. (R&R at 52.) Specifically, Judge Tomlinson recommended that the Court enter judgment as follows:

• against Padova in the amount of $1, 442, 469.15;
• against Progressive in the amount of $460, 360.88;
• holding Yehudian jointly and severally liable for the judgments against Padova and Progressive ($1, 902, 830.03);
• holding Yehudian alone liable for trebled damages on the RICO claims ($5, 708, 490.09), less the actual damages for which he is jointly and severally liable ($1, 902, 830.03), totaling $3, 805, 660.06; and
• precluding any set-off against the damages award.

(R&R at 52.) Further, Judge Tomlinson recommended that the Court dismiss Plaintiffs' claim for unjust enrichment as duplicative of their fraud claim, and that the Court grant Plaintiffs' ...


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