Opinion
15-cv-3670 (FB) (VMS)
03-24-2017
GOVERNMENT EMPLOYEES INSURANCE CO., GEICO INDEMNITY CO., GEICO GENERAL INSURANCE COMPANY, and GEICO CASUALTY CO., Plaintiffs, v. PARKWAY MEDICAL CARE, P.C., B.Y., M.D., P.C., MK CHIROPRACTIC, P.C., JR CHIROPRACTIC, P.C., CITY CARE ACUPUNCTURE, P.C., OLGA BARD ACUPUNCTURE, P.C., and OASIS PHYSICAL THERAPY, P.C., -and- BILLY N. GERIS, M.D., MEHRZAD KOHANSIEH, D.C., CLEOPHAS CRAIGG, D.C., ARKADY KINER, L.A.c., OLGA BARD, L.A.c., and MARY JEAN ENDOZO, P.T., -and- DAVID SAFIR, ORION COLLECTIONS, Defendants.
MEMORANDUM AND ORDER BLOCK, Senior District Judge:
On February 21, 2017, Magistrate Judge Vera M. Scanlon issued a Report and Recommendation ("R&R") recommending that plaintiff's Motion for Default Judgment be granted against Defendants Parkway Medical, BY MD, JR Chiropractic, Bard Acupuncture, Ms. Bard, Dr. Craigg, Dr. Geris and Orion Collections (collectively, "Defaulting Defendants"), and plaintiff be awarded $2,773114.24 in damages, fees, and costs. No objections have been filed to date, and defendants' opportunity to object has passed.
Where there are no objections, the Court may adopt the R&R without de novo review. See Thomas v. Arn, 474 U.S. 140, 149-50 (1985); Mario v. P & C Food Mkts., Inc., 313 F.3d 758, 766 (2d Cir. 2002) ("Where parties receive clear notice of the consequences, failure timely to object to a magistrate's report and recommendation operates as a waiver of further judicial review of the magistrate's decision."). The Court must conduct de novo review if it appears that the magistrate judge may have committed plain error. See Spence v. Superintendent, Great Meadow Corr. Facility, 219 F.3d 162, 174 (2d Cir. 2000). No such error appears here. Accordingly, the Court adopts the R&R without de novo review and grants plaintiff's Motion for Default Judgment.
SO ORDERED.
/S/ Frederic Block
FREDERIC BLOCK
Senior United States District Judge Brooklyn, New York
March 24, 2017