TIMOTHY W. CARNAHAN
v.
SECURITIES AND EXCHANGE COMMISSION, ET AL.
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The District Court for the S.D. Florida affirmed a magistrate judge's recommendation and granted motions to dismiss filed by the SEC and individual defendants, dismissing plaintiff Timothy W. Carnahan's Second Amended Complaint with prejudice. The decision addresses the procedural standards for reviewing magistrate judge reports and recommendations in federal civil litigation.
The district court affirmed and adopted the magistrate judge's Report and Recommendation, granting both the SEC's motion to dismiss and the individual defendants' motion to dismiss, and dismissing the Second Amended Complaint with prejudice.
“A district court may accept, reject, or modify a magistrate judge's report and recommendation. 28 U.S.C. § 636(b)(1).”
Establishes the standard governing review of magistrate judge reports
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Join FLexlaw to unlock all legal intelligencePlaintiff Timothy W. Carnahan filed a Second Amended Complaint against the Securities and Exchange Commission and individual defendants Margaret McGui…
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This matter is before the Court upon the Report and Recommendation (the “Report”) [DE 46] of the Honorable Patrick Hunt, U.S. Magistrate Judge, on Defendants’ Motions to Dismiss [DE 34] and [DE 42]. In his thorough and well-reasoned Report, Judge Hunt recommends that: Defendants’ Motions to Dismiss, [DE 34] and [DE 42], be GRANTED, and the Second Amended Complaint, [DE 25], be DISMISSED with prejudice. Plaintiff filed objections to the Report [DE 47], essentially repeating her initial arguments to the Magistrate Judge. Defendant filed a response to the objections [DE 48]. A district court may accept, reject, or modify a magistrate judge’s report and recommendation. 28 U.S.C. § 636(b)(1).
Those portions of the report and recommendation to which objections are made are accorded de novo review, if those objections “pinpoint the specific findings that the party disagrees with.” United States v. Schultz, 565 F. 3d 1353, 1360 (11th Cir. 2009); see also Fed. R. Civ. P. 72(b)(3).
Any portions of the report and recommendation to which no specific objection is made are reviewed only for clear error. Liberty Am. Ins. Grp., Inc. v. WestPoint Underwriters, L.L.C., 199 F. Supp. 2d 1271, 1276 (M.D. Fla. 2001); accord Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006).
The Court, having considered Judge Hunt’s Report, Plaintiff’s objections thereto, and ORDERED that: 1) The Report and Recommendation [DE 46] is AFFIRMED and ADOPTED and incorporated by reference into this Court’s Order. 2) The Securities and Exchange Commission’s Motion to Dismiss [DE 34] 1s
GRANTED.
3) The Individual Defendants’, Margaret McGuire, David Peavler, and David Woodcock, Motion to Dismiss [DE 42] is GRANTED. 4) Plaintiff's Second Amended Complaint, [DE 25], is DISMISSED with prejudice. 5) This case is CLOSED. DONE and ORDERED in Fort Lauderdale, Florida, this 26th day of November, 2025.
UNITED STATES DISTRICT JUDGE
cc: All counsel of record
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Citator
Authorities Cited
- United States v. Schultz, 565 F.3d 1353 (11th Cir. 2009)
- Liberty Am. Ins. Grp., Inc. v. Westpoint Underwriters, L.L.C., 2001 WL 1850837 (M.D. Fla. 2001)