|June 3, 2013
REPORT AND RECOMMENDATION: re: 1 Complaint, filed by Allstate Insurance Company. To the HONORABLE KATHERINE B. FORREST, U.S.D.J.: On October 28, 2010, Allstate Insurance Company ("Allstate") commenced this action against Puneet Kumar, M.D ., John Cosby, M.D. ("Nominal Owner Defendants"); ABL Medical P.c., Cosby Medical, P.C., Magenta Medical, P.c. (collectively, "P.C. Defendants"); Leonard Gerchick; Alexander "Doe"; Christopher Montana, D.C.; David Slidov ker a/k/a Dmitry Slidovker; Anatta Levinsky; Hamlet Balbuena; Yvette Williams; Inwood Management, Inc.; Solid Management & Billing, Inc.; Soma Health Care Billing and Management Inc.; and EV Health Care Management, Inc. (collectively, "Managemen t Defendants") seeking declaratory judgment pursuant to 28 U.S.C. 2201 and 2202 and alleging violations of 18 U.S.C. 1962(c) and (d), state fraud, and unjust enrichment. (Compl. 91-175.) Allstate moved for entry of default against all defendants and the Clerk of the Court entered the defaults. Allstate is seeking trebled damages pursuant to 18 U.S.C. 1964(c) and prejudgment interest pursuant to New York C.P.L.R. 5001 and 5004. Mem. of Law in Support of Pl. Mot. for Default Against Def. Leon ard Gerchick ("Mot.") 14; Supp. Mem. of Law on Damages 2-7 ("Supp. Mem."). For the reasons set forth above, I respectfully recommend that the court grant Allstate relief in the amount of $1,636,217.20, to be divided in accord ance with the following: (1) ABL and Inwood be jointly and severally liable for $362,283.30; (2) Inwood be liable for $653,808.59; (3) Balbuena, Solid and Cosby be jointly and severally liable for $144,083.40; (4) Balbuena and Solid be jointly and severally liable for $216,452.90; and (5) Magenta be liable for $259,589.11. Pursuant to Rule 72, Federal Rules of Civil Procedure, the parties shall have fourteen(14) days after being served with a copy of the recommended dis position to file written objections to this Report and Recommendation. Such objections shall be filed with the Clerk of the Court and served on all adversaries, with extra copies delivered to the chambers of the Honorable Katherine B. Forrest, 500 Pe arl Street, Room 730, and to the chambers of the undersigned, Room 1970. Failure to file timely objections shall constitute a waiver of those objections both in the District Court and on later appeal to the United States Court of Appeals. Objections to R&R due by 6/20/2013 (Signed by Magistrate Judge Ronald L. Ellis on 6/3/2013) (rsh).