Suarez Magual et al v. Anez Dager
| Luis Alfredo Suarez Magual, Moises Maionica and Carlos Kauffmann |
| Jorge de Jesus Anez Dager |
| 1:2023cv23491 |
| September 12, 2023 |
| US District Court for the Southern District of Florida |
| Rodolfo A Ruiz |
| Other Statutes: Arbitration |
| 09 U.S.C. § 0001 U.S. Arbitration Act |
| None |
Docket Report
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This docket was last retrieved on November 16, 2023. A more recent docket listing may be available from PACER.
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Filing 16
PAPERLESS ORDER striking #15 Respondent Jorge Anez's Motion for Extension of Time to File a Response to Motion to Confirm/Vacate/Modify/Correct Arbitration Award ("Motion") filed on November 15, 2023. The Motion is stricken for two reasons. First, pursuant to Local Rule 7.1(a)(3), Respondent's counsel was required to "confer (orally or in writing), or make reasonable effort to confer (orally or in writing), with all parties or non-parties who may be affected by the relief sought in the motion in a good faith effort to resolve by agreement the issues to be raised in the motion." Respondent's Motion states only that "Jorge Anez has not had the ability confer with counsel for the Petitioners regarding the relief requested in this Motion." Mot. at 3. The Motion's certificate of conferral is thus invalid on its face. Second, as explained in the Court's September 27, 2023 Final Judgment Confirming Foreign Arbitral Award, #10 , "[n]otice of a motion to vacate, modify, or correct an award must be served upon the adverse party or his attorney within three months after the award is filed or delivered." 9 U.S.C. 12; see also NuVasive, Inc. v. Absolute Medical, LLC, 71 F.4th 861, 872-73 (11th Cir. 2023). On September 15, 2023, Petitioners represented to the Court that Mr. Anez has not filed any action in this Court, nor any other court, seeking to challenge, vacate, modify, or correct the Final Award, #7 . Because the Final Arbitration Award at issue was rendered on February 9, 2023, the three-month period during which Mr. Anez could have sought vacatur, modification, or correction of the Final Award has expired. Accordingly, there is no pending Motion requiring a response from Mr. Anez. The Motion is accordingly stricken for each of these reasons. Signed by Judge Rodolfo A. Ruiz, II on 11/16/2023. (kgs)
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Filing 15
Stricken per Order DE#16- MOTION for Extension of Time to file a response re #1 Motion (Complaint) to Confirm/Vacate/Modify or Correct Arbitration Award, by Jorge de Jesus Anez Dager. Responses due by 11/29/2023 (Attachments: #1 Text of Proposed Order )(Diaz, Felipe) Modified text on 11/17/2023 (drz).
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Filing 14
NOTICE of Attorney Appearance by Felipe Javier Diaz on behalf of Jorge de Jesus Anez Dager. Attorney Felipe Javier Diaz added to party Jorge de Jesus Anez Dager(pty:res). (Diaz, Felipe)
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Filing 13
SUMMONS (Affidavit) Returned Executed on #1 Motion (Complaint) to Confirm/Vacate/Modify or Correct Arbitration Award, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Luis Alfredo Suarez Magual, Carlos Kauffmann, Moises Maionica. Jorge de Jesus Anez Dager served on 10/26/2023, response/answer due 11/16/2023. (Garcia, Lissette)
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Filing 12
CERTIFICATE of Counsel re #10 Judgment, to Respondent Jorge de Jesus Anez Dager by Lissette Garcia on behalf of Carlos Kauffmann, Moises Maionica, Luis Alfredo Suarez Magual (Attachments: #1 Final Judgment Confirming Arbitral Award, #2 Fact Information Sheet) (Garcia, Lissette)
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Filing 11
CERTIFICATE of Counsel re #10 Judgment, of Service to Respondent Jorge De Jesus Anez by Lissette Garcia on behalf of Carlos Kauffmann, Moises Maionica, Luis Alfredo Suarez Magual (Attachments: #1 Exhibit Final Judgment Confirming Arbitral Award, #2 Fact Information Sheet) (Garcia, Lissette)
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Filing 10
FINAL JUDGMENT CONFIRMING FOREIGN ARBITRAL AWARD in favor of Carlos Kauffmann, Luis Alfredo Suarez Magual, and Moises Maionica against Jorge de Jesus Anez Dager. Signed by Judge Rodolfo A. Ruiz, II on 9/27/2023. See attached document for full details. (kgs)
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Filing 9
NOTICE of Filing Proposed Order Confirming Foreign Arbitral Award by Carlos Kauffmann, Moises Maionica, Luis Alfredo Suarez Magual re 8 Order,,,, #1 Motion (Complaint) to Confirm/Vacate/Modify or Correct Arbitration Award, (Attachments: #1 Text of Proposed Order) (Garcia, Lissette) Modified Text on 9/21/2023 (ls).
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Filing 8
PAPERLESS ORDER requiring Petitioners to submit a Proposed Order Confirming Arbitration Award pursuant to S.D. Fla. CM/ECF Rule 3(I)(6) on or before September 20, 2023. Upon review of the Petitioners' Application for Recognition, Confirmation, and Enforcement of Foreign Arbitral Award ("Application"), #1 , the Court notes several significant inconsistencies between the scope of the Final Award, [ECF No. 1-2], and the scope of Petitioners request for relief contained in the Application, #1 . Accordingly, to ensure clarity and a correct award confirmation, Petitioners' proposed order shall clearly connect each request for relief to a specific finding contained in the Final Award and fully brief the legal basis for each additional request for relief not contained in the Final Award. In addition to timely filing the order on the docket in CM/ECF, Petitioners shall also email the proposed order to ruiz@flsd.uscourts.gov in Word format. Signed by Judge Rodolfo A. Ruiz, II on 9/15/2023. (kgs) Modified text on 9/18/2023 (gp).
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Filing 7
NOTICE of Compliance with Court's Paperless Order Dated September 13, 2023 by Carlos Kauffmann, Moises Maionica, Luis Alfredo Suarez Magual re 6 Order,, (Garcia, Lissette)
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Filing 6
PAPERLESS ORDER directing Plaintiff to inform the Court as to whether the Defendant in this action has filed, in any other court, a prior motion to challenge (e.g., to vacate, modify, or correct) the final arbitration award, [ECF No. 1-2], that Plaintiff seeks to enforce in this action. Plaintiff is instructed to inform the Court on or before September 15, 2023 as to Plaintiff's knowledge concerning any such challenges or objections in order to facilitate the Court's approval of the award in question. Signed by Judge Rodolfo A. Ruiz, II on 9/13/2023. (kgs)
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Filing 5
Summons Issued as to Jorge de Jesus Anez Dager. (drz)
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Filing 4
NOTICE of Filing Proposed Summons(es) to Respondent Jorge de Jesus Anez Dager by Carlos Kauffmann, Moises Maionica, Luis Alfredo Suarez Magual (Attachments: #1 Summon(s) Proposed Summons) (Grayson, Moises)
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Filing 3
Clerk's Notice to Filer re: Summons will not be issued. Attorney's return address is not listed. Filer may file a Notice of Filing Proposed Summons with the corrected summons attached. (wce)
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Filing 2
Clerks Notice of Judge Assignment to Judge Rodolfo A. Ruiz, II. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jacqueline Becerra 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. (wce)
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Filing 1
Motion (Complaint) to Confirm Arbitration Award. Filing fee $402.00. Pay.gov Agency Tracking ID FLSDC-16908607, payment transferred from : 1:23-cv-23471-XXXX Luis Suarez v. Jorge de Jesus Anez Dager, filed by Luis Alfredo Suarez Magual, Carlos Kauffmann, Moises Maionica. (Attachments: #1 Exhibit Letter of Intent, #2 Exhibit Final Award - English, #3 Exhibit Final Award - Spanish, #4 Summon(s) Summons, #5 Civil Cover Sheet Civil Cover Sheet)(Grayson, Moises)
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