Federal Trade Commission, and State of Florida, Office of the Attorney General v. Information Management Forum, Inc. et al

Filing 48

ORDER adopting 47 REPORT AND RECOMMENDATION; granting 44 Plaintiffs' Renewed Joint Motion for a Judgment and Final Order Against Defendants; Plaintiffs shall have until August 16, 2013, to file a motion, memorandum of law, and evidence in support of the remedies they request in this case. Signed by Judge John Antoon II on 6/28/2013. (BRS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
FEDERAL TRADE COMMISSION, and
STATE OF FLORIDA, OFFICE OF THE
ATTORNEY GENERAL,
Plaintiffs,
-vs-

Case No. 6:12-cv-986-Orl-31KRS

INFORMATION MANAGEMENT FORUM,
INC., d/b/a Vacation Property Marketing
and Vacation Property Marketing Inc.,
and EDWARD LEE WINDSOR,
individually, and as an officer of
Information Management Forum, Inc.,
Defendants.
_______________________________________

ORDER
This case is before the Court on Plaintiffs’ Renewed Joint Motion for a Judgment and
Final Order Against Defendants Pursuant to Rule 55(b)(2) of the Federal Rules of Civil
Procedure (Doc. No. 44) filed February 27, 2013. The United States Magistrate Judge has
submitted a report recommending that the motion be granted.
After an independent de novo review of the record in this matter, and noting that no
objections were timely filed, the Court agrees entirely with the findings of fact and
conclusions of law in the Report and Recommendation. Therefore, it is ORDERED as
follows:
1.

That the Report and Recommendation filed June 4, 2013 (Doc. No. 47) is

ADOPTED and CONFIRMED and made a part of this Order.

2.

Plaintiffs’ Renewed Joint Motion for a Judgment and Final Order Against

Defendants Pursuant to Rule 55(b)(2) of the Federal Rules of Civil Procedure (Doc. No. 44)
is GRANTED.
3.

Defendants Information Management Forum, Inc. (“IMF”) and Edward Lee

Windsor (“Windsor”) are liable to the Federal Trade Commission (“FTC”) for violations of
Section 5 of the FTC Act and the Telemarketing Sales Rules, as stated in Counts I and II of
Plaintiffs’ Complaint.
4.

Defendants IMF and Windsor are liable to the State of Florida for violations of

the Telemarketing Sales Act Rule and the Florida Deceptive and Unfair Trade Practices Act
(“FDUTPA”), as stated in Counts II and III of Plaintiffs’ Complaint.
5.

Plaintiffs shall have until August 16, 2013, to file a motion, memorandum of

law, and evidence in support of the remedies they request in this case.
DONE and ORDERED in Chambers, Orlando, Florida this 28th day of June, 2013.

Copies furnished to:
United States Magistrate Judge
Counsel of Record
Unrepresented Party

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