Jefferies, LLC v. Dean Decker
| Jefferies, LLC |
| Dean Decker |
| 2:2021cv07828 |
| September 30, 2021 |
| US District Court for the Central District of California |
| Fernando L Aenlle-Rocha |
| Rozella A Oliver |
| Other Statutes: Arbitration |
| 09 U.S.C. § 0009 Petition to Confirm Arbitration Award |
| None |
Docket Report
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Filing 40
ORDER APPROVING THE POSTING OF SUPERSEDEAS BOND AND STAYING JUDGMENT PENDINGAPPEAL #38 by Judge Fernando L. Aenlle-Rocha: 1. the Supersedeas Bond is APPROVED, and 2. the execution on the Judgment in this action is hereby STAYEDpursuant to Federal Rule of Civil Procedure 62(b), pending the disposition of the appeal. (lc)
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| Filing 39 FIRST AMENDED NOTICE OF APPEAL to 9th CIRCUIT filed by Respondent/Petitioner Dean Decker. Amending Notice of Appeal to 9th Circuit Court of Appeals, #35 Filed On: May 24, 2023; Entered On: May 24, 203; (Jacobs, R) |
| Filing 38 STIPULATION for Order REGARDING POSTING OF SUPERSEDEAS BOND AND STAY filed by Respondent/Petitioner Dean Decker. (Attachments: #1 Proposed Order)(Jacobs, R) |
| Filing 37 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 23-55480 assigned to Notice of Appeal to 9th Circuit Court of Appeals, #35 as to Respondent Dean Decker. (mat) |
| Filing 36 JUDGMENT CONFIRMING ARBITRATION AWARD #34 by Judge Fernando L. Aenlle-Rocha #34 1. The September 30, 2021 Arbitration Award in Jefferies LLC v. Dean Decker, FINRA No. 18-00553, attached as Exhibit A to the Petition, is hereby CONFIRMED. 2. The court enters Judgment upon the Award in favor of Petitioner and against Respondent in the amount of $ 4,000,000.00, plus: a. Post-Award, pre-judgment interest at the rate of 10% per annum from the date of the Award until the date of entry of this judgment See FINRA Rule 13904(j); Cal. Civ. Code 3289; and. and b. Post-judgment interest at the legal rate pursuant to 28 USC 1961, until the Judgment is fully paid. (lc) |
| Filing 35 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Respondent/Petitioner Dean Decker. Appeal of Order, Terminate Deadlines and Hearings, Terminated Case #34 . (Appeal Fee - $505 Fee Paid, Receipt No. ACACDC-35375873.) (Jacobs, R) |
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Filing 34
ORDER GRANTING JEFFERIES LLC'S PETITION TO CONFIRM ARBITRATION AWARD ANDDENYING DECKERS PETITION TO VACATE ARBITRATION #1 AWARD by Judge Fernando L. Aenlle-Rocha. (Made JS-6. Case Terminated.) (lc)
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| Filing 33 REPLY filed by Respondent Dean Decker to Petition (Attorney Civil Case Opening), #1 in support of Petition to Vacate Arbitration Award (Attachments: #1 Supplemental Declaration of David Jacobs in Support of Reply to Petition to Vacate Arbitration Award, #2 Proposed Order Granting Petition to Vacate Arbitration Award, Dkt. #01 in Consolidated Case No. 2:21-cv-07934-FLA-RAO)(Jacobs, R) |
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Filing 32
TEXT ENTRY (IN CHAMBERS) ORDER TAKING PETITIONERS' PETITION(S) TO CONFIRM ARBITRATION AWARD, AND PETITION TO VACATE ARBITRATION AWARD (DKTS. #1 ) UNDER SUBMISSION by Judge Fernando L. Aenlle-Rocha: The Court finds that the Petition to Confirm Arbitration Award and Petition to Vacate Arbitration Award currently scheduled for hearing on January 7, 2022, at 1:30 p.m., are appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, these motions are taken UNDER SUBMISSION and the hearing is vacated. The court expects the parties to continue litigating this action diligently, while awaiting the courts ruling on this motion. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY
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Filing 31
ORDER GRANTING APPLICATION of Non-Resident Attorney Ronald M. Green to Appear Pro Hac Vice on behalf of Respondent Dean Decke and designating David Jacobs as local counsel #30 by Judge Fernando L. Aenlle-Rocha. (lc)
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| Filing 30 EX PARTE APPLICATION of Non-Resident Attorney Ronald M. Green to Appear Pro Hac Vice on behalf of Respondent Dean Decker (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32508918) filed by Defendant Dean Decker. (Attachments: #1 Proposed Order Proposed Order) (Jacobs, R) |
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Filing 29
ORDER GRANTING APPLICATION of Non-Resident Attorney Andrew J. Shapren to Appear Pro Hac Vice on behalf of Petitioner Jefferies, LLC and designating John P. Petrullo as local counsel #27 by Judge Fernando L. Aenlle-Rocha. (lc)
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| Filing 28 REPLY in Support of Petition to Confirm Arbitration Award and in Opposition to Petition to Vacate Arbitration Award filed by Petitioner Jefferies, LLC. (Attachments: #1 Declaration of Jason E. Murtagh, #2 Exhibit A - Appellant's Brief in Jefferies LLC v. Jon A. Gegenheimer)(Murtagh, Jason) |
| Filing 27 APPLICATION of Non-Resident Attorney Andrew J. Shapren to Appear Pro Hac Vice on behalf of Petitioner Jefferies, LLC (Pro Hac Vice Fee - $500.00 Previously Paid on 11/24/2021, Receipt No. ACACDC-32384020) filed by Petitioner Jefferies, LLC. (Attachments: #1 Supplement Pennsylvania Cert, #2 Supplement New Jersey Cert, #3 Supplement Florida, #4 Proposed Order Proposed Order) (Petrullo, John) |
| Filing 26 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: APPLICATION of Non-Resident Attorney Andrew J. Shapren to Appear Pro Hac Vice on behalf of Petitioner Jefferies, LLC (Pro Hac Vice Fee - $500.00 Previously Paid on 11/24/2021, Receipt No. ACACDC-32384020) #23 by Judge Fernando L. Aenlle-Rocha. The document is stricken. OTHER: Local Rule 83-2.1.3.3(d) Attached Certificate of Good Standing not issued within 30 days prior to filing of the application. (lc) |
| Filing 25 NOTICE OF LODGING filed Proposed Order re APPLICATION of Non-Resident Attorney Andrew J. Shapren to Appear Pro Hac Vice on behalf of Petitioner Jefferies, LLC (Pro Hac Vice Fee - $500.00 Previously Paid on 11/24/2021, Receipt No. ACACDC-32384020) #23 (Petrullo, John) |
| Filing 24 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Andrew J. Shapren to Appear Pro Hac Vice on behalf of Petitioner Jefferies, LLC (Pro Hac Vice Fee - $500.00 Previously Paid on 11/24/2021, Receipt No. ACACDC-32384020) #23 . The following error(s) was/were found: Local Rule 83-2.1.3.3(b) Proposed order not attached. Local Rule 83-2.1.3.3(d) Attached Certificate of Good Standing not issued within 30 days prior to filing of the application. (lt) |
| Filing 23 (STRICKEN PER 12/1/2021 COURT'S G112B RESPONSE DOCKET NO. 26). APPLICATION of Non-Resident Attorney Andrew J. Shapren to Appear Pro Hac Vice on behalf of Petitioner Jefferies, LLC (Pro Hac Vice Fee - $500.00 Previously Paid on 11/24/2021, Receipt No. ACACDC-32384020) filed by Petitioner Jefferies, LLC. (Attachments: #1 Supplement Pennsylvania Cert, #2 Supplement New Jersey, #3 Supplement Florida) (Attorney John Patrick Petrullo added to party Jefferies, LLC(pty:pet)) (Petrullo, John) Modified on 12/1/2021 (lc). |
| PHV FEE PAID for Non-Resident Attorney Andrew J. Shapren Application to Appear Pro Hac Vice. Receipt No. ACACDC-32384020 for $500 pro hac vice fee. (Petrullo, John) |
| Filing 22 NOTICE OF ERRATA filed by Respondent Dean Decker. correcting MEMORANDUM in Opposition to Motion, #20 (Jacobs, R) |
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Filing 21
ORDER GRANTING #19 JOINT EX PARTE APPLICATION TO: 1) CONSOLIDATE ACTIONS; 2) CONTINUE NOVEMBER 19, 2021 HEARING DATE ON PETITIONS TO CONFIRM/VACATE ARBITRATION AWARD; AND 3) SET NEW BRIEFING SCHEDULE ON PETITIONS TO CONFIRM/VACATE ARBITRATION AWARD by Judge Fernando L. Aenlle-Rocha: 1. Jefferies, LLC's ("Jeffries") Petition to 'Confirm Arbitration Award, Case No. 2:21-cv-07828-FLA (RAOx) ("Petition to Confirm") and Dean Decker's ("Mr. Decker") Petition to Vacate Arbitration Award, which was assigned Case No. 2:21-cv-07934-FLA (RAOx) ("Petition to Vacate") are consolidated for all purposes. 2. Case No. 2:21-cv-07828-FLA (RAOx) shall be the lead case, and all future filings shall be filed in Case No. 2:21-cv-07828-FLA (RAOx) until further notice from the court. The Clerk shall administratively close Case No. 2:21-cv-07934-FLA (RAOx). 3. Mr. Decker shall file his Opposition to Jefferies Petition to Confirm on November 15, 2021. 4. Jefferies shall file its Opposition to Mr. Decker's Petition to Vacate and its Reply in support of its Petition to Confirm on December 13, 2021. 5. Mr. Decker shall file his Reply in support of his Petition to Vacate on January 4, 2022. 6. The November 19, 2021 hearing on the Petition to Confirm and the Petition to Vacate is vacated and reset to January 7, 2022, at 1:30 PM #1 . (lc)
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| Filing 20 MEMORANDUM in Opposition To Jefferies Petition to Confirm Arbitration Award filed by Respondent Dean Decker. (Attachments: #1 Declaration of David Jacobs in Opposition to Jefferies' Petition to Confirm Arbitration Award, #2 Exhibit A-I, #3 Exhibit J - Part 1, #4 Exhibit J - Part 2, #5 Exhibit K, #6 Exhibit L, #7 Exhibit M, #8 Exhibit N, #9 Exhibit O-R)(Jacobs, R) |
| Filing 19 Joint EX PARTE APPLICATION to Consolidate Cases, as to 2:21-cv-07934, filed by Respondent Dean Decker. (Attachments: #1 Declaration of David Jacobs, #2 Proposed Order) (Jacobs, R) |
| Filing 18 Joint STIPULATION to Consolidate Cases as to 2:21-cv-07934, STIPULATION to Continue November 19, 2021 Hearing Date on Petitions to Confirm/Vacate Arbitration Award from November 19, 2021, STIPULATION to Reschedule Set New Briefing Schedule on Petitions to Confirm/Vacate Arbitration Award filed by Respondent Dean Decker. (Attachments: #1 Declaration David Jacobs, #2 Proposed Order)(Attorney R David Jacobs added to party Dean Decker(pty:res))(Jacobs, R) |
| Filing 17 WAIVER OF SERVICE Returned Executed filed by Petitioner Jefferies, LLC. upon Dean Decker waiver sent by Plaintiff on 10/5/2021, answer due 12/6/2021. Waiver of Service signed by David Jacobs, Esq.. (Murtagh, Jason) |
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Filing 16
(IN CHAMBERS) ORDER CONTINUING PETITIONER JEFFERIES, LLC'S PETITION TO CONFIRM ARBITRATION AWARD (DKT. #1 ) by Judge Fernando L. Aenlle-Rocha: This Court, on its own motion, resets the Petition to Confirm Arbitration Award hearing date from November 3, 2021, at 10:00 a.m. to November 19, 2021, at 1:30 p.m. before Judge Fernando L. Aenlle-Rocha. Any Opposition shall be filed by October 29, 2021, and any Reply shall be filed by November 5, 2021. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf)
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Filing 15
INITIAL STANDING ORDER upon filing of the complaint by Judge Fernando L. Aenlle-Rocha. (tf)
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| Filing 14 NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge Karen L. Stevenson to Judge Fernando L. Aenlle-Rocha for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Rozella A. Oliver. The case number will now reflect the initials of the transferee Judges 2:21-cv-07828-FLA-RAOx. (aco) |
| Filing 13 REMINDER NOTICE re Magistrate Judge Direct Assignment Program. Each party must file form CV-11C within the consent deadlines pursuant to L.R. 73-2. Additionally, the parties are directed to L.R. 73-2.2 Proof of Service. In any case in which only a magistrate judge is initially assigned, plaintiff must file a proof of service within 10 days of service of the summons and complaint as to each defendant. (hr) |
| Filing 12 AMENDED PROOF OF SERVICE filed by Petitioner Jefferies, LLC, re Notice of Related Case(s) #10 Amended Proof of Service served on 10/7/2021. (Murtagh, Jason) Modified on 10/12/2021 (hr). |
| Filing 11 PROOF OF SERVICE filed by Petitioner Jefferies, LLC, re Notice of Related Case(s) #10 served on 10/7/2021. (Murtagh, Jason) |
| Filing 10 NOTICE of Related Case(s) filed by Petitioner Jefferies LLC Notice of Related Cases Jefferies, LLC. Related Case(s): 2:21-cv-07934 (Murtagh, Jason) |
| Filing 9 21 DAY Summons Issued re Petition (Attorney Civil Case Opening) #1 as to Respondent Dean Decker. (hr) |
| Filing 8 NOTICE OF HEARING on Petition to Confirm Arbitration Award by Clerk of Court. Counsel is hereby notified that the Petition (Attorney Civil Case Opening), #1 is set for hearing. Petition set for hearing on 11/3/2021 at 10:00 AM before Magistrate Judge Karen L. Stevenson. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (esa) TEXT ONLY ENTRY |
| Filing 7 Request for Clerk to Issue Summons on Petition (Attorney Civil Case Opening), #1 filed by Petitioner Jefferies, LLC. (Murtagh, Jason) |
| Filing 6 NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Karen L. Stevenson. (Attachments: #1 CV11C) (esa) |
| Filing 5 CORPORATE DISCLOSURE STATEMENT filed by Petitioner Jefferies, LLC identifying Jefferies Group LLC; Jefferies Financial Group LLC as Corporate Parent. (Murtagh, Jason) |
| Filing 4 Certification and NOTICE of Interested Parties filed by Petitioner Jefferies, LLC, identifying Jefferies Group LLC; Jefferies Financial Group, Inc.. (Murtagh, Jason) |
| Filing 3 MEMORANDUM of Points and Authorities in Support of Petition to Confirm Arbitration Award Re: Petition (Attorney Civil Case Opening), #1 (Attachments: #1 Proposed Order Confirming Arbitration Award)(Murtagh, Jason) |
| Filing 2 CIVIL COVER SHEET filed by Petitioner Jefferies, LLC. (Murtagh, Jason) |
| Filing 1 PETITION to Confirm Arbitration Award Receipt No: BCACDC-32081506 - Fee: $402, filed by Petitioner Jefferies, LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J) (Attorney Jason E Murtagh added to party Jefferies, LLC(pty:pet))(Murtagh, Jason) |
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| Petitioner: Jefferies, LLC | |
| Represented By: | Jason E Murtagh |
| Represented By: | Andrew J. Shapren |
| Represented By: | John Patrick Petrullo |
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| Respondent: Dean Decker | |
| Represented By: | R David Jacobs |
| Represented By: | Ronald M. Green |
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