Opinion
18-CV-00289
12-23-2019
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and STATE FARM FIRE AND CASUALTY COMPANY, Plaintiffs, v. FRANCOIS JULES PARISIEN, M.D., LUQMAN DABIRI, M.D., KSENIA PAVLOVA, D.O., NOEL BLACKMAN, M.D., FRANCES LACINA, D.O., ALLAY MEDICAL SERVICES, P.C., FJL MEDICAL SERVICES P.C., JFL MEDICAL CARE P.C., JPF MEDICAL SERVICES, P.C., KP MEDICAL CARE P.C., PFJ MEDICAL CARE P.C., RA MEDICAL SERVICES P.C., DARREN MOLLO, D.C., DARREN MOLLO D.C., P.C., ACH CHIROPRACTIC, P.C., ENERGY CHIROPRACTIC, P.C., ISLAND LIFE CHIROPRACTIC PAIN CARE, PLLC, CHARLES DENG, L.A.C., CHARLES DENG ACUPUNCTURE, P.C., DAVID MARIANO, P.T., MARIA MASIGLA a/k/a MARIA SHIELA BUSLON, P.T., MSB PHYSICAL THERAPY P.C., MAIGA PRODUCTS CORPORATION, MADISON PRODUCTS OF USA, INC., QUALITY CUSTOM MEDICAL SUPPLY, INC., ALLAN L. BUSLON, QUALITY HEALTH SUPPLY CORP., PERSONAL HOME CARE PRODUCTS CORP., AB QUALITY HEALTH SUPPLY CORP., TATIANA M. RYBAK, and OLEG RYBAK, Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION :
On December 2, 2019, Judge Steven L. Tiscione issued a Sua Sponte Report and Recommendation following the repeated failure of the DME Defendants to comply with court- ordered discovery obligations. (ECF No. 211 at 2). After he granted four Motions to Compel to no avail, Judge Tiscione now recommends that the DME Defendants' answers be stricken (ECF Nos. 32-36), and that the Clerk of Court issue certificates of default against them. (Id.).
The "DME Defendants," as defined in the Report and Recommendation, include: (1) Maiga Products Corporation; (2) Madison Products of USA, Inc.; (3) Quality Health Supply Corp.; (4) Personal Home Care Products Corp.; and (5) AB Quality Health Supply Corp. --------
Objections to the Report and Recommendation were due by December 16, 2019. (Id.). Two of the DME Defendants, AB Quality Health Supply Corp. and Quality Health Supply Corp., submitted an objection three days late, on December 19, 2019, with no explanation for the delay. (ECF No. 220). Judge Tiscione clearly stated that the "[f]ailure 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." (ECF No. 211 at 9 (citing cases)). Thus, the Court will not consider the untimely submission.
Where there are no timely objections to a report and recommendation, "the district court need only satisfy itself that there is no clear error on the face of the record." Ningbo Yang Voyage Textiles Co. v. Sault Trading, No. 1:18-cv-1961 (ARR) (ST), 2019 WL 5394568, at *1 (E.D.N.Y. Oct. 22, 2019) (quoting Finley v. Trans Union, Experian, Equifax, No. 17-CV-0371 (LDH)(LB), 2017 WL 4838764, at *1 (E.D.N.Y. Oct. 24, 2017)). Finding no clear error, the Court adopts Judge Tiscione's Report and Recommendation in its entirety. The Clerk of Court is therefore directed to issue certificates of default against the DME Defendants. Plaintiffs may move for default judgment within forty-five days of the issuance of the certificates of default.
SO ORDERED. Dated: Brooklyn, New York
December 23, 2019
/s/_________
I. Leo Glasser U.S.D.J.