UBS Financial Services Incorporated of Puerto Rico v. Efron
Plaintiff: UBS FINANCIAL SERVICES INCORPORATED OF PUERTO RICO
Defendant: DAVID EFRON
Case Number: 1:2022cv23924
Filed: December 1, 2022
Court: US District Court for the Southern District of Florida
Presiding Judge: Darrin P Gayles
Referring Judge: Lisette M Reid
2 Judge: Kathleen M Williams
Nature of Suit: Other Statutes: Arbitration
Cause of Action: 28 U.S.C. ยง 1441 Notice of Removal
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 26, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 26, 2023 Opinion or Order Filing 60 PAPERLESS ORDER granting #59 Plaintiff's Unopposed Motion for Enlargement of Time to Submit Reply in Support of its Motion to Confirm Arbitration Award. Plaintiff shall file its reply on or before February 8, 2023. Signed by Judge Darrin P. Gayles on 1/26/2023. (mja)
January 26, 2023 Filing 59 MOTION for Extension of Time to File Response/Reply/Answer Plaintiff's Unopposed Motion for Enlargement of Time to Submit Reply in Support of its Motion to Confirm Arbitration Award by UBS Financial Services Incorporated of Puerto Rico. (Attachments: #1 Text of Proposed Order)(Sabo, Alex)
January 25, 2023 Filing 58 Defendant's MOTION to Vacate #9 Memorandum, #1 Notice of Removal (State Court Complaint), to Vacate Arbitration Award and Response in Objection to Petitioners Motion to Confirm Arbitration Award by David Efron. Responses due by 2/8/2023 (Rothenberg, Leslie)
January 25, 2023 Filing 57 NOTICE by David Efron Defendant's Notice of Filing Additional Documents Related to Arbitration (Attachments: #1 Exhibit Defendant Efron's Index of Additional Documents) (Rothenberg, Leslie)
January 24, 2023 Filing 56 Defendant's NOTICE of Filing Claimant UBS's Pre-Hearing Brief by David Efron (Attachments: #1 Exhibit Claimant UBS's Pre-Hearing Brief) (Rothenberg, Leslie)
January 24, 2023 Filing 55 Defendant's NOTICE of Filing Respondent's Pre-Hearing Brief by David Efron (Attachments: #1 Exhibit Respondent David Efron's Pre-Hearing Brief) (Rothenberg, Leslie)
January 24, 2023 Opinion or Order Filing 54 PAPERLESS ORDER granting #52 Motion for Extension of Page Limit. Defendant may file up to, but not more than, 35 pages for its response to Plaintiff's #1 Motion to Confirm and its Motion to Vacate, together. Plaintiff may also file up to, but not more than, 35 pages for its joint reply. Signed by Judge Darrin P. Gayles on 1/24/2023. (mja)
January 23, 2023 Filing 53 Defendant's NOTICE of Filing Appellant's Brief and Reply Brief by David Efron (Attachments: #1 Exhibit Initial Brief of Appellant, #2 Exhibit Reply Brief of Appellant) (Rothenberg, Leslie)
January 23, 2023 Filing 52 Defendant's MOTION for Leave to File Excess Pages by David Efron. (Rothenberg, Leslie)
January 23, 2023 Filing 51 Defendant's NOTICE of Filing Claimant's Exhibits 36 through 52 to Arbitration Transcripts by David Efron (Attachments: #1 Exhibit Claimant's Exhibits 36 through 52 to Arbitration Transcript with Index) (Rothenberg, Leslie)
January 23, 2023 Filing 50 Defendant's Notice of Filing Claimant's Exhibits 1 through 35 to Arbitration Transcripts by David Efron (Attachments: #1 Exhibit Claimant's Exhibits 1 through 35 to Arbitration Transcript with Index) (Rothenberg, Leslie)
January 23, 2023 Filing 49 Defendant's NOTICE of Filing Respondent's Exhibits to Arbitration Transcripts by David Efron (Attachments: #1 Exhibit Respondent's Exhibits to Arbitration Transcripts) (Rothenberg, Leslie)
January 23, 2023 Filing 48 Defendant's NOTICE of Filing Arbitration Transcript Volume 5 by David Efron (Attachments: #1 Exhibit Arbitration Proceedings Vol. 5, 09-01-22 (pages 01039 - 1248)) (Rothenberg, Leslie)
January 23, 2023 Filing 47 Defendant's NOTICE of Filing Arbitration Transcript Volume 4 by David Efron (Attachments: #1 Exhibit Arbitration Proceedings Vol. 4, 09-01-22 (pages 808 -01038)) (Rothenberg, Leslie)
January 23, 2023 Filing 46 Defendant's NOTICE of Filing Arbitration Transcript Volume 3 by David Efron (Attachments: #1 Exhibit Arbitration Proceedings Vol. 3, 08-31-22 (pages 548 - 807)) (Rothenberg, Leslie)
January 23, 2023 Filing 45 Defendant's NOTICE of Filing Arbitration Transcript Volume 2 by David Efron (Attachments: #1 Exhibit Arbitration Proceedings Vol. 2, 08-30-22 (pages 305 - 547)) (Rothenberg, Leslie)
January 23, 2023 Filing 44 Defendant's NOTICE of Filing Arbitration Transcript Volume 1 by David Efron (Attachments: #1 Exhibit Arbitration Proceedings Vol. 1, 08-29-22 (pages 1 - 304)) (Rothenberg, Leslie)
January 23, 2023 Filing 43 NOTICE of Filing Opinions by David Efron (Attachments: #1 Exhibit Moral v. Efron, 2006 P.R. App. Lexis 251 (P.R. Ct. App., 2006), #2 Exhibit Moral v. UBS Financial Svcs, Inc., Opinion and Order, (U.S. Dist. Ct. P.R. 2010), #3 Exhibit Moral v. UBS Financial Svcs, Inc., 815 F. Supp.2d 495, (U.S. Dist. Ct. P.R. 2011), #4 Exhibit Moral v. UBS Financial Svcs, Inc., 81 F. Supp.3d 143, (U.S. Dist. Ct. P.R. 2014), #5 Exhibit Moral v. UBS Financial Svcs, Inc., 2016 WL 1275038, (U.S. Dist. Ct. P.R. 2016), #6 Exhibit Efron v. UBS Financial Svcs, Inc., 300 So.3d 733, (Fla. 3DCA 2020)) (Rothenberg, Leslie)
January 19, 2023 Opinion or Order Filing 42 PAPERLESS ORDER granting Defendant's #33 Motion for Extension of Time. Having considered the record, the Court finds good cause to extend the deadline by one-week given defense counsel's illness. Accordingly, Defendant shall respond to #1 Plaintiff's Motion to Confirm Arbitration Award on or before January 25, 2023. No further continuances will be granted. Signed by Judge Darrin P. Gayles on 1/19/2023. (mja)
January 19, 2023 Opinion or Order Filing 41 PAPERLESS ORDER granting #34 Petitioner's Unopposed Motion to be Excused from Local Rule 16.1(b) Requirements. The parties are excused from the obligations set forth in Local Rule 16.1(b) related to the filing of a joint conference report and proposed scheduling order. Signed by Judge Darrin P. Gayles on 1/19/2023. (mja)
January 18, 2023 Filing 40 Defendant's REPLY to Response to Motion re #33 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #7 Response/Reply (Other) filed by David Efron. (Rothenberg, Leslie)
January 18, 2023 Filing 39 NOTICE of Striking #37 Reply to Response to Motion filed by David Efron, 38 Clerk's Notice of Docket Correction and Instruction to Filer - Attorney,, by David Efron (Rothenberg, Leslie)
January 18, 2023 Filing 38 Clerk's Notice to Filer re #37 Reply to Response to Motion. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match the typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and Local Rule 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (jas)
January 17, 2023 Filing 37 STRICKEN per DE#39 , Defendant's REPLY to Response to Motion re #33 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #7 Response/Reply (Other) filed by David Efron. (Gutierrez, Mathew) Modified text on 1/19/2023 (jas).
January 17, 2023 Filing 36 Clerk's Notice to Filer re #34 Motion for Miscellaneous Relief. Wrong Event Selected - Document is a Motion; ERROR - The Filer selected the wrong event. A motion event must always be selected when filing a motion. The correction was made by the Clerk. It is not necessary to refile this document. (jas)
January 17, 2023 Filing 35 RESPONSE in Opposition re #33 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #7 Response/Reply (Other) PETITIONERS RESPONSE IN OPPOSITION TO RESPONDENTS SECOND MOTION FOR EXTENSION OF TIME filed by UBS Financial Services Incorporated of Puerto Rico. Replies due by 1/24/2023. (Sabo, Alex)
January 17, 2023 Filing 34 Petitioner's Unopposed Motion to be Excused from Local Rule 16.1(b) Requirements and Incorporated Memorandum of Law by UBS Financial Services Incorporated of Puerto Rico (Attachments: #1 Text of Proposed Order)(Sabo, Alex) Modified to add motion relief on 1/17/2023 (jas).
January 17, 2023 Filing 33 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #7 Response/Reply (Other) by David Efron. (Rothenberg, Leslie)
January 14, 2023 Filing 32 NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles on 1/14/2023. (mja)
January 12, 2023 Opinion or Order Filing 31 ORDER OF RECUSAL. Judge Kathleen M. Williams recused. Case reassigned to Judge Darrin P. Gayles for all further proceedings. Signed by Judge Kathleen M. Williams on 1/11/2023. See attached document for full details. (jc)
January 11, 2023 Filing 30 NOTICE by David Efron re #12 Order Referring Case to Magistrate Judge,, Notice of Court Practice/to Appear/Other, Continuous Notice of Filing State Court Action Pleadings Exhibits 100 through Exhibit 102 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Rothenberg, Leslie)
January 11, 2023 Filing 29 NOTICE by David Efron re #12 Order Referring Case to Magistrate Judge,, Notice of Court Practice/to Appear/Other, Continuous Notice of Filing State Court Action Pleadings Exhibits 92 through Exhibit 99 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit) (Rothenberg, Leslie)
January 11, 2023 Filing 28 NOTICE by David Efron re #12 Order Referring Case to Magistrate Judge,, Notice of Court Practice/to Appear/Other, Continuous Notice of Filing State Court Action Pleadings Exhibits 86 through Exhibit 91 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit) (Rothenberg, Leslie)
January 11, 2023 Filing 27 NOTICE by David Efron re #12 Order Referring Case to Magistrate Judge,, Notice of Court Practice/to Appear/Other, Continuous Notice of Filing State Court Action Pleadings Exhibits 81 through Exhibit 85 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit) (Rothenberg, Leslie)
January 11, 2023 Filing 26 NOTICE by David Efron re #12 Order Referring Case to Magistrate Judge,, Notice of Court Practice/to Appear/Other, Continuous Notice of Filing State Court Action Pleadings Exhibits 65 through Exhibit 80 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit) (Rothenberg, Leslie)
January 11, 2023 Filing 25 NOTICE by David Efron re #12 Order Referring Case to Magistrate Judge,, Notice of Court Practice/to Appear/Other, Continuous Notice of Filing State Court Action Pleadings Exhibits 62 through Exhibit 64 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Rothenberg, Leslie)
January 11, 2023 Filing 24 NOTICE by David Efron re #12 Order Referring Case to Magistrate Judge,, Notice of Court Practice/to Appear/Other, Continuous Notice of Filing State Court Action Pleadings Exhibits 59 through Exhibit 61 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Rothenberg, Leslie)
January 11, 2023 Filing 23 NOTICE by David Efron re #12 Order Referring Case to Magistrate Judge,, Notice of Court Practice/to Appear/Other, Continuous Notice of Filing State Court Action Pleadings Exhibits 47 through Exhibit 58 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit) (Rothenberg, Leslie)
January 11, 2023 Filing 22 NOTICE by David Efron re #12 Order Referring Case to Magistrate Judge,, Notice of Court Practice/to Appear/Other, Continuous Notice of Filing State Court Action Pleadings Exhibits 26 through Exhibit 46 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit) (Rothenberg, Leslie)
January 11, 2023 Filing 21 NOTICE by David Efron re #12 Order Referring Case to Magistrate Judge,, Notice of Court Practice/to Appear/Other, Continuous Notice of Filing State Court Action Pleadings Exhibits 16 through Exhibit 25 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit) (Rothenberg, Leslie)
January 11, 2023 Filing 20 NOTICE by David Efron re #12 Order Referring Case to Magistrate Judge,, Notice of Court Practice/to Appear/Other, Notice of Filing State Court Action Pleadings Exhibits 1 through Exhibit 15. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit) (Rothenberg, Leslie)
January 11, 2023 Filing 19 NOTICE of Filing Removal Status Report by David Efron re #12 Order Referring Case to Magistrate Judge, Notice of Court Practice/to Appear/Other, (Rothenberg, Leslie)
December 28, 2022 Opinion or Order Filing 18 ORDER granting #11 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Christopher N. Manning. Signed by Magistrate Judge Lisette M. Reid on 12/28/2022. See attached document for full details. (jas)
December 27, 2022 Opinion or Order Filing 17 STANDING DISCOVERY ORDER FOR MAGISTRATE JUDGE LISETTE M. REID. Signed by Magistrate Judge Lisette M. Reid on 12/27/2022. See attached document for full details. (jas)
December 22, 2022 Opinion or Order Filing 16 PAPERLESS ORDER. THIS MATTER is before the Court on #14 Defendant's Unopposed Motion for Extension of Time to Comply with Deadlines in #12 the Court's Order of Referral and Notice of Court Practice in Removal Cases. Having reviewed #14 the Motion and the underlying record, it is ORDERED AND ADJUDGED that #14 Defendant's Motion for Extension is GRANTED IN PART AND DENIED IN PART as follows:On or before January 12, 2023, counsel for the removing Party shall file a Removal Status Report.On or before January 12, 2023, counsel for the removing Party must file a Notice that includes copies of all records and proceedings in the underlying state court case.On or before January 17, 2023, the Parties shall file a joint conference report and a joint proposed scheduling order.All other deadlines in #12 the Court's Order of Referral shall remain the same and will not be extended. The Court reminds the Parties that these extensions do not absolve the Parties of their obligation to comply with all instructions set forth in #12 the Order of Referral. Signed by Judge Kathleen M. Williams on 12/22/2022. (sgm)
December 22, 2022 Opinion or Order Filing 15 PAPERLESS ORDER. THIS MATTER is before the Court on #13 Defendant's Motion for Extension of Time to Respond to #1 Plaintiff's Motion to Confirm Arbitration Award. Defendant requests an extension until January 30, 2023 to file its response, which he indicates Plaintiff opposes. Having reviewed #13 the Motion and the record, the Court finds good cause for an extension - but not for the length Defendant has requested. Accordingly, it is ORDERED AND ADJUDGED that #13 Defendant's Motion for Extension is GRANTED IN PART AND DENIED IN PART. On or before January 18, 2023, Defendant shall respond to #1 Plaintiff's Motion to Confirm Arbitration Award. Signed by Judge Kathleen M. Williams on 12/22/2022. (sgm)
December 22, 2022 Filing 14 Defendant's MOTION for Extension of Time Submit Filings in accordance with Order of Referral re #12 Order Referring Case to Magistrate Judge,, Notice of Court Practice/to Appear/Other, by David Efron. Responses due by 1/5/2023 (Attachments: #1 Exhibit Restated Certificate of Authorization to do Business of a Foreign Corporation in Puerto Rico)(Rothenberg, Leslie)
December 21, 2022 Filing 13 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #10 Notice (Other),, #9 Memorandum, #7 Response/Reply (Other), #8 Notice (Other), by David Efron. (Attachments: #1 Exhibit 4-14-20 Mandate and Opinion, #2 Text of Proposed Order Proposed Order)(Rothenberg, Leslie) Modified text from Plaintiff to Defendant on 12/22/2022 (jas).
December 20, 2022 Opinion or Order Filing 12 ORDER OF REFERRAL AND NOTICE OF COURT PRACTICE IN REMOVAL CASES. REFERRING CASE to Magistrate Judge Lisette M. Reid for all discovery disputes and non-dispositive pretrial motions. Signed by Judge Kathleen M. Williams on 12/20/2022. See attached document for full details. (jas)
December 16, 2022 Filing 11 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Christopher N. Manning. Filing Fee $ 200.00 Receipt # AFLSDC-16177552 by UBS Financial Services Incorporated of Puerto Rico. Responses due by 12/30/2022 (Attachments: #1 Certification)(Sabo, Alex)
December 15, 2022 Filing 10 NOTICE by UBS Financial Services Incorporated of Puerto Rico DECLARATION OF CHRISTOPHER N. MANNING, ESQ. IN SUPPORT OF PETITIONERS MOTION TO CONFIRM ARBITRATION AWARD (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit) (Sabo, Alex)
December 15, 2022 Filing 9 MEMORANDUM of Law re #1 Notice of Removal (State Court Complaint), MEMORANDUM OF LAW IN SUPPORT OF PETITIONERS MOTION TO CONFIRM ARBITRATION AWARD by UBS Financial Services Incorporated of Puerto Rico. (Sabo, Alex)
December 15, 2022 Filing 8 NOTICE by UBS Financial Services Incorporated of Puerto Rico re #1 Notice of Removal (State Court Complaint), DECLARATION OF CHRISTOPHER N. MANNING, ESQ. IN SUPPORT OF RESPONSE OF UBS FINANCIAL SERVICES INC. TO NOTICE OF REMOVAL (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit) (Sabo, Alex)
December 15, 2022 Filing 7 RESPONSE RESPONSE OF UBS FINANCIAL SERVICES INC. TO NOTICE OF REMOVAL by UBS Financial Services Incorporated of Puerto Rico. (Sabo, Alex)
December 7, 2022 Filing 6 CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Leslie Rothenberg re #5 Notice of Change of Address, Email or Law Firm Name. Attorney Leslie Rothenberg has not completed the required procedures for updating their information with the Court. After filing something in all pending cases, Attorney is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. The Court is NOT responsible for updating secondary email addresses. See the Courts website for detailed instructions. #www.flsd.uscourts.gov/updating-your-information (pt)
December 7, 2022 Filing 5 NOTICE of Change of Address, Email or Law Firm Name by Leslie Rothenberg (Rothenberg, Leslie)
December 6, 2022 Filing 4 NOTICE of Attorney Appearance by Leslie Rothenberg on behalf of DAVID EFRON (Rothenberg, Leslie)
December 2, 2022 Filing 3 Bar Letter re: Admissions sent to attorney Christopher Nicholas Manning, mailing date December 2, 2022, (pt)
December 1, 2022 Filing 2 Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lisette M. Reid is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (rbe)
December 1, 2022 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Petitioner's Motion to Confirm Arbitration Award) Filing fee $ 402.00 receipt number AFLSDC-16140215, filed by DAVID EFRON. No Answer/ Motion to Dismiss Filed (Attachments: #1 Exhibit A- Petitioner's Motion to Confirm Arbitration Award/ State Court Complaint, #2 Civil Cover Sheet)(Gutierrez, Mathew) Modified text & attachment description on 12/1/2022 (rbe).

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Plaintiff: UBS FINANCIAL SERVICES INCORPORATED OF PUERTO RICO
Represented By: Alex Joseph Sabo, II
Represented By: Christopher N. Manning
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Defendant: DAVID EFRON
Represented By: Leslie Rothenberg
Represented By: Mathew Daniel Gutierrez
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