Federal Trade Commission v. AFR Financial LLC

Filing 5

ORDER adopting 4 Report and Recommendation; granting 1 Petition of the Federal Trade Commission. Respondent to comply by November 17, 2016. The Clerk of the Court is directed to close the file. Signed by Judge Marcia Morales Howard on 11/2/2016. (JW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
FEDERAL TRADE COMMISSION,
Petitioner,
vs.

Case No. 3:16-mc-45-J-34JRK

AFR FINANCIAL LLC,
Respondent.
_____________________________
ORDER
THIS CAUSE is before the Court on the Report and Recommendation (Dkt. No. 4;
Report), entered by the Honorable James R. Klindt, United States Magistrate Judge, on
September 30, 2016. In the Report, Judge Klindt recommends that the Petition of the
Federal Trade Commission be granted. See Report at 1, 3. Respondent has failed to file
objections to the Report, and the time for doing so has now passed.
The Court “may accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge.” 28 U.S.C. § 636(b). If no specific
objections to findings of fact are filed, the district court is not required to conduct a de novo
review of those findings. See Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993); see
also 28 U.S.C. § 636(b)(1). However, the district court must review legal conclusions de
novo. See Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); United
States v. Rice, No. 2:07-mc-8-FtM-29SPC, 2007 WL 1428615 at *1 (M.D. Fla. May 14,
2007).

Upon independent review of the file and for the reasons stated in the Magistrate
Judge’s Report, the Court will accept and adopt the legal and factual conclusions
recommended by the Magistrate Judge. Accordingly, it is hereby
ORDERED:
1.

The Magistrate Judge’s Report and Recommendation (Dkt. No. 4) is ADOPTED

as the opinion of the Court.
2.

The Petition of the Federal Trade Commission for an Order Enforcing

Administrative Investigative Process and Memorandum of Law (Dkt. No. 1) is GRANTED.
3.

Respondent AFR Financial LLC shall have up to and including November 17,

2016, or at such a later date as may be established by the Federal Trade Commission, to
fully comply with the CID issued by Petitioner.
4.

The Clerk of the Court is directed to terminate all pending motions and

deadlines as moot and close the file.
DONE AND ORDERED at Jacksonville, Florida, this 2nd day of November, 2016.

ja
Copies to:
Counsel of Record
AFR Financial LLC
c/o Kimona Fuartado
8018 Foxdale Dr.
Jacksonville, FL 32210
AFR Financial LLC
c/o Carla Austin
905 Rising Mist Ct.
Jacksonville, FL 32221