In the Matter of the Complaint Against UNITED STATES TESTING AUTHORITY TELEVISION DIVISION 1681 Kennedy Causeway at North Bay Village, FL 33141-9982 AMERICAN TESTING INSTITUTE 6660 Biscayne Boulevard at Miami, FL 33138-6231 and GIFT REDEMPTION CENTER Suite #5 13680 N.W. 19th Avenue at Miami, FL 33054-4214 P.S. Docket No. 14/77; P.S. Docket No. 14/114; 04/13/84 Cohen, James A. APPEARANCE FOR COMPLAINANT: SandraC. McFeeley, Esq. Consumer Protection Division Law Department United States Postal Service Washington, DC 20260-1100 APPEARANCES FOR RESPONDENT: Donald Ferguson, Esq. 2141 Secoffee Street Miami, FL 33133-3214 Richard D. Mondre, Esq. Rubin, Baum, Levin Constant, Friedman & Bilzin 1201 Brickell Avenue Miami, FL 33131-3291
On February 24, 1984, Complainant filed a Petition for Supplemental Orders alleging that Respondents, Leander Max Small, Reney Joseph and Bureau of Research, Inc., were evading or attempting to evade the provisions of False Representation Order Nos. 83-16 and 83-113, by conducting the same or a similar enterprise under the name Bureau of Research, Inc., at 265 University Drive, Coral Gables, Florida 33134-6732. In the Petition Complainant requested the issuance of the Order authorized by 39 U.S.C. § 3005(a)(1) and (2) against Bureau of Research at the Coral Gables, Florida, address and the issuance of the Order authorized by § 3005(a)(3) against Bureau of Research, Inc., Reney Joseph and Leander Max Small.
On March 6, 1984, Complainant and Respondent Reney Joseph, by their respective counsel, filed a joint motion requesting dismissal with prejudice of such portions of the Petition for Supplemental Orders and the proposed Cease and Desist Order filed February 24, 1984, which pertain to Reney Joseph as an individually named respondent. By Order dated March 9, 1984, the joint motion was granted.
Also on March 6, 1984, Complainant filed a motion requesting that an Agreement Containing Consent Order and Cease and Desist Order dated March 1, 1984, be made a part of the record, that a Cease and Desist Order against Bureau of Research, Inc., be issued and that further proceedings against the Respondent, Bureau of Research, Inc., be suspended indefinitely. In accordance with Complainant's motion, the agreement dated March 1, 1984, is made a part of the record, the Cease and Desist Order attached to the agreement is hereby issued against Respondent Bureau of Research, Inc. and further proceedings against Respondent Bureau of Research, Inc., are hereby suspended indefinitely.
The only remaining Respondent against whom Orders were sought in Complainant's Petition dated February 24, 1984, is Leander Max Small. The Petition for Supplemental Orders was served on Mr. Small's attorney on March 26, 1984. The Notice accompanying the Petition advised that if Respondent desired to oppose the issuance of the orders requested in the Petition, an Answer must be filed not later than ten calendar days from the date of receipt of the Petition. Respondent Small's Answer to the Petition was therefore required to be filed no later than April 5, 1984. No such Answer has been filed. Accordingly, it is concluded that Respondent Leander Max Small does not oppose the issuance of the Orders sought in the Petition. The Cease and Desist Order requested in the Petition to be issued against Leander Max Small is issued herewith.