Federal Trade Commission v. Lexium International LLC et al

Filing 23

OPINION AND ORDER granting 1 Petition for an order enforcing administrative investigative process; adopting and incorporating 22 Report and Recommendations. Respondents Lexium International LLC and CellMark BioPharma, LLC shall produce the d ocuments and information requested by the civil investigative demands within 10 days of this Opinion and Order, or at such later time as maybe be directed by the Federal Trade Commission. The Clerk shall enter judgment in favor of petitioner and against respondents, and close the file. Signed by Judge John E. Steele on 6/20/2017. (RKR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
FEDERAL TRADE COMMISSION,
Petitioner,
v.

Case No: 2:17-cv-30-FtM-29CM

LEXIUM INTERNATIONAL LLC and
CELLMARK BIOPHARMA, LLC,
Respondents.
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #22), filed
June 1, 2017, recommending that the Petition of the Federal Trade
Commission for an Order Enforcing Administrative Investigative
Process (Doc. #1) be granted, and defendants be directed to fully
comply.

No objections have been filed and the time to do so has

expired.
After conducting a careful and complete review of the findings
and recommendations, a district judge may accept, reject or modify
the magistrate judge’s report and recommendation.
636(b)(1);

28 U.S.C. §

Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982),

cert. denied, 459 U.S. 1112 (1983).

In the absence of specific

objections, there is no requirement that a district judge review
factual findings de novo, Garvey v. Vaughn, 993 F.2d 776, 779 n.9
(11th Cir. 1993), and the court may accept, reject or modify, in
whole or in part, the findings and recommendations.

28 U.S.C. §

636(b)(1).

The district judge reviews legal conclusions de novo,

even in the absence of an objection.

See Cooper-Houston v.

Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994).
After conducting an independent examination of the file and
upon due consideration of the Report and Recommendation, the Court
accepts the Report and Recommendation of the magistrate judge.
Accordingly, it is now
ORDERED:
1.

The

Report

and

Recommendation

(Doc.

#22)

is

hereby

adopted and the findings incorporated herein.
2.

Petitioner's Petition of the Federal Trade Commission

for an Order Enforcing Administrative Investigative Process (Doc.
#1)

is

CellMark

GRANTED

and

BioPharma,

respondents
LLC

Lexium

shall

International

produce

the

LLC

documents

and
and

information requested by the civil investigative demands within
TEN (10) DAYS of this Opinion and Order, or at such later time as
maybe be directed by the Federal Trade Commission.
3.

The Clerk shall enter judgment in favor of petitioner

and against respondents, and close the file.
DONE and ORDERED at Fort Myers, Florida, this
of June, 2017.

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20th

day

Copies:
Hon. Carol Mirando
United States Magistrate Judge
Counsel of Record
Unrepresented parties

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