Allstate Insurance Company v. Gulkarov

District Court, E.D. New York

Allstate Insurance Company v. Gulkarov

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ------------------------------------x

ALLSTATE INSURANCE COMPANY, et al.,

Plaintiffs, MEMORANDUM & ORDER 22-CV-2219(EK)(CLP)

-against-

ALEKSANDR GULKAROV, et al.,

Defendants.

------------------------------------x ERIC KOMITEE, United States District Judge: The Court has received Magistrate Judge Pollak’s Report and Recommendation (“R&R”) dated January 4, 2023, ECF No. 47, and Supplemental Report and Recommendation (“Supplemental R&R”) dated February 1, 2023. ECF No. 63. In the R&R, Judge Pollak recommends that I enter default judgment against Defendants Aleksandr Gulkarov, Roman Israilov, Azu Ajudua, Rolando Jose Mendez Chumaceiro, Vyacheslav Mushyakov, and Arkadiy Khaimov; hold them jointly and severally liable for Plaintiffs’ claims; and award Plaintiffs damages in the amount of $281,250.00 and pre-judgment and post-judgment interest in an amount to be determined. In the Supplemental R&R, Judge Pollak recommends that I hold Defendants jointly and severally liable for pre-judgment interest through February 1, 2023 in the amount of $22,677.45, plus additional pre-judgment interest at a rate of $69.35 per day from February 1 until the date judgment is entered, plus post-judgment interest as set forth in

28 U.S.C. § 1961

to run from the date judgment is entered until the judgment is paid. None of the parties have filed objections to either the R&R or the Supplemental R&R, and the time to do so has

expired. See Fed. R. Civ. P. 72(b) advisory committee’s note to 1983 addition; accord State Farm Mut. Auto. Ins. Co. v. Grafman,

968 F. Supp. 2d 480, 481

(E.D.N.Y. 2013). Having reviewed the record, I find no clear error and therefore adopt the R&R and the Supplemental R&R in their entirety with respect to the defendants still party to the case as of the date of this Order.1 Thus, I grant Plaintiffs’ motion for default judgment against Defendants Aleksandr Gulkarov, Roman Israilov, Azu Ajudua, Rolando Jose Mendez Chumaceiro, and Arkadiy Khaimov. Plaintiffs

1 On February 7, 2023, Plaintiffs moved to vacate the default entered on June 3, 2022 against Defendant Vyacheslav Mushyakov. ECF No. 69. The Court granted this motion on March 29, 2023, see Docket Order dated Mar. 29, 2023, and Plaintiffs voluntarily dismissed Mushyakov from the case on March 30. ECF No. 73. are awarded damages in the amount of $281,250.00, plus pre- judgment interest and post-judgment interest as set out above. SO ORDERED.

/s/ Eric Komitee__________ ERIC KOMITEE United States District Judge

Dated: March 31, 2023 Brooklyn, New York

Reference

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