MEMORANDUM OPINION AND ORDER This case involves a financial dispute between Plaintiff Astra Veda Corporation and Defendants Apollo Capital Corporation, Apollo Management, and Yohan Naraine over an allegedly usurious promissory note. In a Report and Recommendation (“R&R”) issued in June of this year, Magistrate Judge Sarah Netburn explained that Plaintiff had failed to state a claim against Apollo Capital, and that Plaintiff’s sole argument for personal jurisdiction over Apollo Management and Naraine — based on a provision of the RICO statute — was unavailing for multiple reasons. So she recommended that this Court grant Defendants’ motion to dismiss Plaintiff’s case. After Judge Netburn issued her recommendation, Plaintiff changed tack. It raised two new arguments to this Court that it had not presented to Judge Netburn: a novel argument as to personal jurisdiction over one Defendant, and a request that this Court transfer the case to Florida. But this Court does not consider arguments not first presented to the Magistrate. And even if the Court were to make exceptions to that rule, Plaintiff’s arguments here present poor cases for any deviation from the ordinary course. As a result, the Court will (largely) adopt Judge Netburn’s R&R and Defendants’ motion to dismiss will be GRANTED. I. BACKGROUND1 a. Facts Plaintiff is a Wyoming-incorporated entity with a principal place of business in Colorado. Dkt. No. 75 (Judge Netburn’s R&R) at 2. In 2016, it issued a convertible promissory note to Apollo Capital that had extremely favorable terms for Apollo Capital. Id. Then, in 2019, Plaintiff entered into a “Security Agreement” with both Apollo Capital and Apollo Management that aggregated the balance of several of Plaintiff’s outstanding loans and included additional terms. Id. Plaintiff alleges that the convertible note provided for a criminally usurious rate of interest, and that the Defendants — both Apollo entities and Yohan Naraine, the “sole decision maker” for both entities — engaged in an illegal RICO enterprise to collect unlawful debts. Id. at 2-3. Apollo Capital is a New York corporation with its principal place of business in Florida. Dkt. No. 32 (“Am. Compl.”) 11. Apollo Management is a Florida corporation with its principal place of business in Florida; upon Plaintiff’s “information and belief, Apollo [Capital] is wholly owned by Apollo Management, and, thus, Apollo Management exercises all decision-making authority over Apollo [Capital].” Id.
