UBS Financial Services Inc. v. Fetterman et al
| UBS Financial Services Inc. |
| David Raphan, Deborah Umphrey, Adam Fetterman, Brandon Fetterman, Sean Fetterman and Leticia Buckley |
| 9:2020cv82256 |
| December 10, 2020 |
| US District Court for the Southern District of Florida |
| Dave Lee Brannon |
| Donald M Middlebrooks |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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Filing 60
ORDER STAYING AND CLOSING CASE. This case is STAYED and ADMINISTRATIVELY CLOSED pending resolution of the Parties' FINRA arbitration. Signed by Judge Donald M. Middlebrooks on 1/19/2021. See attached document for full details. (scn)
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Filing 59
ORDER granting #58 Motion to Release Bond. Temporary Restraining Order Bond No. 107328809 is RELEASED. Signed by Judge Donald M. Middlebrooks on 1/19/2021. See attached document for full details. (scn)
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| Filing 58 Unopposed MOTION for Release of Bond Obligation by UBS Financial Services Inc.. Responses due by 1/29/2021 (Attachments: #1 Text of Proposed Order)(Schwartz, Jennifer) |
| Filing 57 STATUS REPORT (Joint) by UBS Financial Services Inc. (Schwartz, Jennifer) |
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Filing 56
PAPERLESS ORDER denying without prejudice #55 Plaintiff's Motion to Release Bond. Plaintiff's Motion fails to comply with S.D. Fla. Local Rule 7.1(a)(3), which requires counsel for the moving party to certify in the Motion that it has "confer[red] (orally or in writing), or ma[de] 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." Accordingly, Plaintiff's Motion to Release Bond (DE #55 ) is denied without prejudice. Signed by Judge Donald M. Middlebrooks on 1/14/2021. (kal)
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| Filing 55 Plaintiff's MOTION for Release of Bond Obligation by UBS Financial Services Inc.. Responses due by 1/27/2021 (Attachments: #1 Text of Proposed Order)(Schwartz, Jennifer) |
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Filing 54
ORDER: Joint Status Report due by 1/15/2021. Signed by Judge Donald M. Middlebrooks on 1/11/2021. See attached document for full details. (scn)
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| Filing 53 Surety BOND in the amount of $25,000.00 posted by UBS Financial Services Inc. Approved by Judge Donald M. Middlebrooks. (Attachments: #1 Exhibits A and B) (scn) |
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Filing 52
PAPERLESS ORDER. This matter is before the court on Plaintiff's Motion for Sanctions (DE #45 ), filed on December 21, 2020. Defendants filed a Response in opposition (DE #47 ). Upon careful consideration of the Parties' written submissions, applicable law, and the record in this matter, Plaintiff's Motion for Sanctions (DE #45 ) is DENIED. Signed by Judge Donald M. Middlebrooks on 12/23/2020. (kal)
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Filing 51
ORDER granting in part #3 Motion for Preliminary Injunction. Signed by Judge Donald M. Middlebrooks on 12/23/2020. See attached document for full details. (scn)
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| Filing 50 PAPERLESS Minute Entry for proceedings held before Judge Donald M. Middlebrooks: Motion Hearing held on 12/22/2020 re 42 MOTION for Protective Order filed by UBS Financial Services Inc. All parties appeared via videoconferencing. Attorney Appearance(s): Jennifer A. Schwartz,,Esq. Steven Phillips, Esq., Michael S. Taaffe, Esq. and Scott A. La Porta, Esq. Witnesses sworn and testified: Marc Lundgren, David Raphan, Leticia Buckley, and Sean Fetterman. Plaintiff's Exhibits 3, 21, 24, 25, 26, 40 and 41 admitted. Defendant's Exhibit A admitted. Total time in court: 3 hour(s) : 55 minutes., Court Reporter: Sharon Velazco, 305-523-5636 / Sharon_PellVelazco@flsd.uscourts.gov. (gm1) |
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Filing 49
ORDER granting 42 Motion for Protective Order. The language of the Parties' Confidentiality Order (DE 41-1) is adopted and incorporated in its entirety. Signed by Judge Donald M. Middlebrooks on 12/22/2020. See attached document for full details. (scn)
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| Filing 48 Exhibit List Amended to Include Exhibits 40 and 41 by UBS Financial Services Inc... (Attachments: #1 Exhibit Exhibit 40 - November 19, 2020 E-mails From David Raphan to Sean Fetterman and Adam Fetterman, #2 Exhibit Exhibit 41 - December 6, 2020 E-mail from David Raphan to Brandon Fetterman Regarding Client Scott [Redacted])(Paul, Naveen) |
| Filing 47 RESPONSE in Opposition re #45 Plaintiff's MOTION for Contempt , For Sanctions, and to Compel Defendants to Comply with the Court's Order at D.E. 27 to Motion for Contempt filed by Leticia Buckley, Adam Fetterman, Brandon Fetterman, Sean Fetterman, David Raphan, Deborah Umphrey. Replies due by 12/28/2020. (La Porta, Scott) |
| Filing 46 Exhibit and Witness List Revised by Leticia Buckley, Adam Fetterman, Brandon Fetterman, Sean Fetterman, David Raphan, Deborah Umphrey.. (Attachments: #1 Exhibit Composite Exhibit 33.pdf, #2 Exhibit Composite Exhibit 34.pdf, #3 Exhibit Exhibit 35.pdf, #4 Exhibit Exhibit 36.pdf, #5 Exhibit Exhibit 37.pdf, #6 Exhibit Exhibit 38.pdf, #7 Exhibit Exhibit 39.pdf)(La Porta, Scott) |
| Filing 45 Plaintiff's MOTION for Contempt , For Sanctions, and to Compel Defendants to Comply with the Court's Order at D.E. 27 by UBS Financial Services Inc.. Attorney Naveen Z Paul added to party UBS Financial Services Inc.(pty:pla). Responses due by 1/4/2021 (Attachments: #1 Exhibit Defendants' Responses to Requests for Production, #2 Exhibit Defendants' Responses to Requests for Admissions, #3 Exhibit Conferral E-mails)(Paul, Naveen) |
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Filing 44
ORDER ON STIPULATED FORENSIC DATA PROTOCOL re #28 Notice filed by UBS Financial Services Inc. Signed by Judge Donald M. Middlebrooks on 12/21/2020. See attached document for full details. (scn)
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| Filing 43 Clerks Notice to Filer re #41 Notice (Other). 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. (scn) |
| Filing 42 MOTION for Protective Order by UBS Financial Services Inc. See Image at DE#41. (scn) |
| Filing 41 NOTICE by UBS Financial Services Inc. of Filing Proposed Stipulated Confidentiality Agreement and Protective Order (Attachments: #1 Exhibit A - Stipulated Confidentiality Agreement and Protective Order) (Schwartz, Jennifer) |
| Filing 40 HEARING EXHIBITS 21 Supplement by UBS Financial Services Inc.. Related document: #34 Exhibit List,,, filed by UBS Financial Services Inc.. (Attachments: #1 Exhibit 21 Supplement)(Paul, Naveen) |
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Filing 39
ORDER granting #30 Defendants' Emergency Motion for Reciprocal Discovery. Plaintiff shall respond to Defendants' discovery requests and produce any responsive documents no later than December 21, 2020 at 12 p.m. Signed by Judge Donald M. Middlebrooks on 12/18/2020. See attached document for full details. (kal)
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| Filing 38 NOTICE by UBS Financial Services Inc. re #37 Memorandum (of Filing Exhibits) (Attachments: #1 Exhibit, #2 Exhibit) (Schwartz, Jennifer) |
| Filing 37 MEMORANDUM in Opposition re #30 Defendant's EMERGENCY MOTION with Certification of Emergency included by UBS Financial Services Inc.. (Schwartz, Jennifer) |
| Filing 36 NOTICE of Compliance with Court Order by Leticia Buckley, Adam Fetterman, Brandon Fetterman, Sean Fetterman, David Raphan, Deborah Umphrey re #27 Order on Motion for Discovery,, (La Porta, Scott) |
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Filing 35
PAPERLESS ORDER REQUIRING EXPEDITED RESPONSE to #30 Defendants' Emergency Motion for Reciprocal Expedited Discovery. The Motion indicates that Plaintiff opposes the relief requested. (DE #30 at 4). In light of the impending hearing date of December 22, 2020, this matter requires expedited briefing. Therefore, on or before December 18, 2020, at 1:00 p.m., Plaintiff shall file a response fully setting forth its position on the arguments contained within Defendants' Motion and explaining the basis for its opposition to the relief requested. Defendants are advised that I will consider the Motion ripe upon the filing of Plaintiff's response and reserve the right to rule on the Motion without need of a reply. (Responses due by 12/18/2020 at 1:00 p.m.) Signed by Judge Donald M. Middlebrooks on 12/17/2020. (kal)
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| Filing 34 Exhibit List by UBS Financial Services Inc... (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 29, #29 Exhibit 30, #30 Exhibit 31, #31 Exhibit 32, #32 Exhibit 33, #33 Exhibit 34, #34 Exhibit 35, #35 Exhibit 36, #36 Exhibit 37, #37 Exhibit 38, #38 Exhibit 39)(Schwartz, Jennifer) |
| Filing 33 REPLY to Response to Motion re #3 Emergency MOTION for Temporary Restraining Order and Incorporated Memorandum of Law MOTION for Preliminary Injunction filed by UBS Financial Services Inc.. (Schwartz, Jennifer) |
| Filing 32 Witness List by UBS Financial Services Inc... (Schwartz, Jennifer) |
| Filing 31 NOTICE by Leticia Buckley, Adam Fetterman, Brandon Fetterman, Sean Fetterman, David Raphan, Deborah Umphrey re #30 Defendant's EMERGENCY MOTION with Certification of Emergency included of Filing (Attachments: #1 Certification Supplemental Declaration of Sean Fetterman.pdf) (La Porta, Scott) |
| Filing 30 Defendant's EMERGENCY MOTION with Certification of Emergency included by Leticia Buckley, Adam Fetterman, Brandon Fetterman, Sean Fetterman, David Raphan, Deborah Umphrey. Responses due by 12/31/2020 (Attachments: #1 Exhibit Exhibit A - Proposed Order.pdf, #2 Exhibit Exhibit B - FINRA Rule 2140.pdf, #3 Exhibit Exhibit C - FINRA Rule 2210.pdf, #4 Exhibit Exhibit D - FINRA Regulatory Notice 19-10.pdf, #5 Exhibit Exhibit E - Team's webpage.pdf)(La Porta, Scott) |
| Filing 29 Exhibit and Witness List filed by Leticia Buckley, Adam Fetterman, Brandon Fetterman, Sean Fetterman, David Raphan, Deborah Umphrey.. (Attachments: #1 Exhibit Declaration of Sean Fetterman, #2 Exhibit Sean Fetterman's Broker Check Report, #3 Exhibit Sean Fetterman's Resignation Letter, #4 Exhibit Declarations of Sean Fetterman's Clients, #5 Exhibit FINRA Regulatory Notice 19-10, #6 Exhibit Sean Fetterman's Public Records Printouts, #7 Exhibit FINRA Rule 2140, #8 Exhibit FINRA Rule 11870, #9 Exhibit FINRA Rule 2010, #10 Exhibit Declaration of Adam Fetterman, #11 Exhibit Adam Fetterman's BrokerCheck Report, #12 Exhibit Adam Fetterman's Resignation Letter, #13 Exhibit Declarations of Adam Fetterman's Clients, #14 Exhibit Adam Fetterman's Public Record Printouts, #15 Exhibit Exhibit 15 - Declaration of Brandon Fetterman, #16 Exhibit Exhibit 16 - Brandon Fetterman Broker Check, #17 Exhibit Exhibit 17 - BF Resignation Letter, #18 Exhibit Exhibit 18 - Declarations of Brandon Fetterman's clients, #19 Exhibit Exhibit 19 - BF Public Records Printouts, #20 Exhibit Exhibit 20 - Declaration of David Raphan, #21 Exhibit Exhibit 21 - DR Broker Check, #22 Exhibit Exhibit 22 - DR Resignation letter, #23 Exhibit Exhibit 23 - Declarations of DR Clients, #24 Exhibit Exhibit 24 - DR Public Records Printout, #25 Exhibit Declaration of Leticia Buckley, #26 Exhibit LB Broker Check, #27 Exhibit LB Resignation letter, #28 Exhibit Leticia Buckley Public Records Printout, #29 Exhibit Declaration of Deborah Umphrey, #30 Exhibit Supplemental Declaration of Sean Fetterman, #31 Exhibit Exhibit 31 - Composite Exhibit Emails, #32 Exhibit Exhibit 32 - Team's UBS Webpage)(La Porta, Scott) |
| Filing 28 NOTICE by UBS Financial Services Inc. re #27 Order on Motion for Discovery,, Of Filing Stipulated Forensic Data Protocol Order (Attachments: #1 Text of Proposed Order) (Schwartz, Jennifer) |
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Filing 27
ORDER granting in part #4 Plaintiff UBS Financial Services Inc.'s Motion for Expedited Discovery. Defendants shall respond to Plaintiff's discovery requests, as modified by this Order, and produce any responsive documents no later than December 21, 2020 at 12 p.m. Defendants also shall provide information described in this Order to a jointly agreed upon forensic expert within 24 hours. The Parties shall submit a Stipulated Forensic Protocol Order by close of business today, December 17, 2020. Signed by Judge Donald M. Middlebrooks on 12/17/2020. See attached document for full details. (kal)
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| Filing 26 NOTICE by Leticia Buckley, Adam Fetterman, Brandon Fetterman, Sean Fetterman, David Raphan, Deborah Umphrey re #20 Response in Opposition to Motion, of Filing Declaration of Deborah Umphrey (Attachments: #1 Exhibit) (La Porta, Scott) |
| Filing 25 NOTICE by Leticia Buckley, Adam Fetterman, Brandon Fetterman, Sean Fetterman, David Raphan, Deborah Umphrey re #20 Response in Opposition to Motion, of Filing Declaration of Leticia Buckley (Attachments: #1 Exhibit) (La Porta, Scott) |
| Filing 24 NOTICE by Leticia Buckley, Adam Fetterman, Brandon Fetterman, Sean Fetterman, David Raphan, Deborah Umphrey re #20 Response in Opposition to Motion, of Filing Declaration of David Raphan (Attachments: #1 Exhibit) (La Porta, Scott) |
| Filing 23 NOTICE by Leticia Buckley, Adam Fetterman, Brandon Fetterman, Sean Fetterman, David Raphan, Deborah Umphrey re #20 Response in Opposition to Motion, of Filing Declaration of Brandon Fetterman (Attachments: #1 Exhibit) (La Porta, Scott) |
| Filing 22 NOTICE by Leticia Buckley, Adam Fetterman, Brandon Fetterman, Sean Fetterman, David Raphan, Deborah Umphrey re #20 Response in Opposition to Motion, of Filing Declaration of Adam Fetterman (Attachments: #1 Exhibit) (La Porta, Scott) |
| Filing 21 NOTICE by Leticia Buckley, Adam Fetterman, Brandon Fetterman, Sean Fetterman, David Raphan, Deborah Umphrey re #20 Response in Opposition to Motion, of Filing Declaration of Sean Fetterman (Attachments: #1 Exhibit) (La Porta, Scott) |
| Filing 20 RESPONSE in Opposition re #3 Emergency MOTION for Temporary Restraining Order and Incorporated Memorandum of Law MOTION for Preliminary Injunction filed by Leticia Buckley, Adam Fetterman, Brandon Fetterman, Sean Fetterman, David Raphan, Deborah Umphrey. Replies due by 12/22/2020. (Attachments: #1 Exhibit Exhibit A to Opposition to Motion)(La Porta, Scott) |
| Filing 19 REPLY to Response to Motion re #4 Plaintiff's Motion for Expedited Discovery and Incorporated Memorandum of Law filed by UBS Financial Services Inc.. (Attachments: #1 Exhibit (a), #2 Exhibit (b), #3 Exhibit (c))(Schwartz, Jennifer) |
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Filing 18
ORDER granting #15 Motion for Substitution of Counsel. Attorney Jennifer A. Schwartz, Esq added. Attorney Sherril May Colombo representing UBS Financial Services Inc. (Plaintiff) terminated. Signed by Judge Donald M. Middlebrooks on 12/15/2020. See attached document for full details. (scn)
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| Filing 17 Clerks Notice to Filer re #14 Notice (Other). Docket Text Does Not Match Document; ERROR - The Filer failed to enter a title in the docket text that matches the title of the document. The correction was made by the Clerk. It is not necessary to refile the document. (ls) |
| Filing 16 RESPONSE in Opposition re #4 Plaintiff's Motion for Expedited Discovery and Incorporated Memorandum of Law filed by Leticia Buckley, Adam Fetterman, Brandon Fetterman, Sean Fetterman, David Raphan, Deborah Umphrey. Replies due by 12/21/2020. (Attachments: #1 Exhibit Composite Exhibit 1 Defendants' CRDs, #2 Exhibit Exhibit 2 UBS CRD, #3 Exhibit Exhibit 3 - FINRA Rule 13510, #4 Exhibit Exhibit 4 Form U4.pdf, #5 Exhibit Exhibit 5 FINRA Rule 13200.pdf)(La Porta, Scott) |
| Filing 15 Motion/Stipulation for Substitution of Counsel by UBS Financial Services Inc. (Attachments: #1 Text of Proposed Order)(Schwartz, Jennifer) Modified to convert document to a motion on 12/15/2020 (ls). |
| Filing 14 NOTICE of Filing Correspondence to Judge re #3 Emergency MOTION for Temporary Restraining Order by Leticia Buckley, Adam Fetterman, Brandon Fetterman, Sean Fetterman, David Raphan, Deborah Umphrey (Attachments: #1 Exhibit 1) (La Porta, Scott) Modified Text/Link on 12/15/2020 (ls). |
| Filing 13 NOTICE of Striking #8 Notice (Other) filed by Sean Fetterman, Deborah Umphrey, Leticia Buckley, David Raphan, Adam Fetterman, Brandon Fetterman by Leticia Buckley, Adam Fetterman, Brandon Fetterman, Sean Fetterman, David Raphan, Deborah Umphrey (La Porta, Scott) |
| Filing 12 Clerks Notice to Filer re #8 Notice (Other). Document Not Captioned; CORRECTIVE ACTION REQUIRED - The Filer must File a Notice of Striking, then refile the document with the proper caption pursuant to Local Rules. (ls) |
| Filing 11 Clerks Notice to Filer re #4 Plaintiff's EXPEDITED MOTION for Expedited Discovery and Incorporated Memorandum of Law . Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls) |
| Filing 10 Clerks Notice to Filer re #3 Plaintiff's MOTION for Temporary Restraining Order and Preliminary Injunction and Incorporated Memorandum of Law (Emergency). Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (ls) |
| Reset Deadlines/Hearings as to #3 Emergency MOTION for Preliminary Injunction, (Responses due by 12/15/2020 Replies due by 12/17/2020). Remote Hearing set for 12/22/2020 10:00 AM before Judge Donald M. Middlebrooks. Reset Deadlines as to #4 Plaintiff's EXPEDITED MOTION for Expedited Discovery and Incorporated Memorandum of Law . (Responses due by 12/14/2020 Replies due by 12/15/2020). (ls) |
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Filing 9
ORDER denying in part and deferring ruling in part on #3 Emergency Motion for Temporary Restraining Order and Preliminary Injunction, decertifying emergency designation, setting expedited briefing schedule, and scheduling hearing. Signed by Judge Donald M. Middlebrooks on 12/11/2020. See attached document for full details. (kal)
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| Filing 8 "STRICKEN" NOTICE by Leticia Buckley, Adam Fetterman, Brandon Fetterman, Sean Fetterman, David Raphan, Deborah Umphrey (Attachments: #1 Exhibit Email) (La Porta, Scott) Modified on 12/15/2020 (ls). (per DE #13) |
| Filing 7 NOTICE of Attorney Appearance by Michael S. Taaffe on behalf of Leticia Buckley, Adam Fetterman, Brandon Fetterman, Sean Fetterman, David Raphan, Deborah Umphrey. Attorney Michael S. Taaffe added to party Leticia Buckley(pty:dft), Attorney Michael S. Taaffe added to party Adam Fetterman(pty:dft), Attorney Michael S. Taaffe added to party Brandon Fetterman(pty:dft), Attorney Michael S. Taaffe added to party Sean Fetterman(pty:dft), Attorney Michael S. Taaffe added to party David Raphan(pty:dft), Attorney Michael S. Taaffe added to party Deborah Umphrey(pty:dft). (Taaffe, Michael) |
| Filing 6 NOTICE of Attorney Appearance by Scott A. La Porta on behalf of Leticia Buckley, Adam Fetterman, Brandon Fetterman, Sean Fetterman, David Raphan, Deborah Umphrey. Attorney Scott A. La Porta added to party Leticia Buckley(pty:dft), Attorney Scott A. La Porta added to party Adam Fetterman(pty:dft), Attorney Scott A. La Porta added to party Brandon Fetterman(pty:dft), Attorney Scott A. La Porta added to party Sean Fetterman(pty:dft), Attorney Scott A. La Porta added to party David Raphan(pty:dft), Attorney Scott A. La Porta added to party Deborah Umphrey(pty:dft). (La Porta, Scott) |
| Filing 5 Plaintiff's Corporate Disclosure Statement by UBS Financial Services Inc. identifying Corporate Parent UBS Group AG, Other Affiliate UBS Americas Holding LLC, Other Affiliate UBS Americas Inc., Other Affiliate UBS AG for UBS Financial Services Inc. (Colombo, Sherril) |
| Filing 4 Plaintiff's MOTION for Expedited Discovery and Incorporated Memorandum of Law by UBS Financial Services Inc.. (Attachments: #1 Text of Proposed Order)(Colombo, Sherril) Modified Relief on 12/14/2020 (ls). |
| Filing 3 Emergency MOTION for Temporary Restraining Order and Incorporated Memorandum of Law by UBS Financial Services Inc.. Responses due by 12/28/2020 (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Colombo, Sherril). Added MOTION for Preliminary Injunction on 12/14/2020 (ls). |
| Filing 1 COMPLAINT for Injunctive Relief against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-14016927, filed by UBS Financial Services Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Colombo, Sherril) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks and Magistrate Judge Dave Lee Brannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Dave Lee Brannon 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. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (scn) |
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