United States of America et al v. Nucare Pharmacy West, LLC et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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UNITED STATES ex rel. Hyun Yu,
Pharm.D et al.,
Plaintiffs,
-against-
NUCARE PHARMACY WEST, LLC et al.,
Defendants.
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MEMORANDUM & ORDER
19-CV-6466 (EK)(PCG)
ERIC KOMITEE, United States District Judge:
The Court has received Magistrate Judge Cross-
Goldenberg’s Amended Report and Recommendation (R&R) dated
January 22, 2026. ECF No. 139. Judge Cross-Goldenberg
recommends that a default judgment enter against defendant
NuCare but that the requested damages be denied without
prejudice for relator to renew. Neither party has filed
objections and the time to do so has expired. Accordingly, the
Court reviews Judge Cross-Goldenberg’s recommendation for clear
error on the face of the record. 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 error in Judge
Cross-Goldenberg’s analysis and therefore adopt the R&R in its
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entirety as to liability and damages. Default judgment will not
enter at this time. Thus, the motion for default judgment is
granted with respect to liability, but damages are denied
without prejudice to renew by April 10, 2026.
SO ORDERED.
/s/ Eric Komitee
ERIC KOMITEE
United States District Judge
Dated: 	March 11, 2026
Brooklyn, New York
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