Timothy W. Carnahan v. Securities and Exchange Commission, et al.

Opinion

SOUTHERN DISTR ICT OF FLORIDA CASE NO. 24-60947-CIV-SMITH

TIMOTHY W. CARNAHAN,

Plaintiff, v.

SECURITIES AND EXCHANGE COMMISSION, et al.,

Defendants. /

ORDER AFFIRMING AND ADOPTING REPORT OF MAGISTRATE JUDGE

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