Pflucker v. Warms
| Sylvia L Pflucker |
| Kirby R. Warms |
| 8:2021cv01869 |
| August 4, 2021 |
| US District Court for the Middle District of Florida |
| William F Jung |
| Julie S Sneed |
| Other Statutory Actions |
| 42 U.S.C. § 11601 |
| None |
Docket Report
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This docket was last retrieved on October 6, 2021. A more recent docket listing may be available from PACER.
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Filing 66
TRIAL BRIEF Rebuttal Arguments by Sylvia L Pflucker. (Garcia, Oxalis)
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Filing 65
RESPONSE re #63 Trial Brief Rebuttal to Petitioner's Closing Argument filed by Kirby R. Warms. (Thatcher, Matthew)
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Filing 64
TRIAL BRIEF Respondent's Closing Argument by Kirby R. Warms. (Thatcher, Matthew)
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Filing 63
TRIAL BRIEF Petitioner's Written Closing Arguments by Sylvia L Pflucker. (Garcia, Oxalis)
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Filing 62
NOTICE of Joint Exhibit #52 by Sylvia L. Pflucker (Attachments: #1Joint Exhibit #52)(Garcia, Oxalis) Modified on 9/23/2021 (ABC).
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Filing 61
NOTICE of EXHIBITS placed in the Exhibit Room (1 envelope-Evidentiary Hearing). (JLD)
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Filing 60
ENDORSED ORDER denying as moot #2 Motion for Temporary Restraining Order. The Motion for TRO (an ex parte Order done without notice) was mooted by the expedited service and three-day evidentiary hearing under the Hague Convention. The matter will proceed in order as discussed with all counsel. Signed by Judge William F. Jung on 9/20/2021. (Jung, William)
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Filing 58
Joint Exhibit List. (Attachments: #1 Exhibit Joint 1, #2 Exhibit Joint 3, #3 Exhibit Joint 5, #4 Exhibit Joint 6, #5 Exhibit Joint 8, #6 Exhibit Joint 9, #7 Exhibit Joint 10, #8 Exhibit Joint 14, #9 Exhibit Joint 15, #10 Exhibit Joint 16, #11 Exhibit Joint 17, #12 Exhibit Joint 19, #13 Exhibit Joint 24, #14 Exhibit Joint 25, #15 Exhibit Joint 27, #16 Exhibit Joint 28, #17 Exhibit Joint 29, #18 Exhibit Joint 30, #19 Exhibit Joint 31, #20 Exhibit Joint 33, #21 Exhibit Joint 35, #22 Exhibit Joint 36, #23 Exhibit Joint 37, #24 Exhibit Joint 38, #25 Exhibit Joint 39, #26 Exhibit Joint 40, #27 Exhibit Joint 41, #28 Exhibit Joint 45, #29 Exhibit Joint 46, #30 Exhibit Joint 47, #31 Exhibit Joint 48, #32 Exhibit Joint 53, #33 Exhibit Joint 54) #34 Exhibit Joint 4), Joint Exhibit 21 is a video recording on a thumb drive located in the Clerk's Office (CAH).
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Filing 57
Defendant's Exhibit List by Kirby R. Warms. (Attachments: #1 Exhibit Exhibit 4, #2 Exhibit Exhibit 7, #3 Exhibit Exhibit 8, #4 Exhibit Exhibit 21, #5 Exhibit Exhibit 22, #6 Exhibit Exhibit 23, #7 Exhibit Exhibit 26, #8 Exhibit Exhibit 27, #9 Exhibit Exhibit 32, #10 Exhibit Exhibit 48, #11 Exhibit Exhibit 49), Exhibit numbers 36, 37, 38, 40 and 41 are audio recording on thumb drive located in the Clerk's Office. (CAH)
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Filing 56
Petitioner's Exhibit List by Sylvia L Pflucker. (Attachments: #1 Exhibit Pet. Exhibit 6, #2 Exhibit Pet. Exhibit 12) (3) Exhibit Pet. Exhibit 19) #4 Exhibit Pet. Exhibit 25, #5 Exhibit Pet. Exhibit 27, #6 Exhibit Pet. Exhibit 29, #7 Exhibit Pet. Exhibit 33, #8 Exhibit Pet. Exhibit 36, #9 Exhibit Pet. Exhibit 37, #10 Exhibit Pet. Exhibit 38, #11 Exhibit Pet. Exhibit 39) #12 Exhibit Pet. Exhibit 32) Petitioner's Exhibit 40 is a audio file on thumb drive format and is located in the Clerk's Office #13 Exhibit Pet. Exhibit 28) (CAH).
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Filing 55
NOTICE by Sylvia L Pflucker (Attachments: #1 Exhibit Transcript of Hillsborough County Hearing)(Berry, Michael)
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Filing 54
STIPULATION for Entry of Order on Parties Temporary Timesharing by Kirby R. Warms. (Thatcher, Matthew) Modified on 9/17/2021 (ABC).
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Filing 53
ENDORSED ORDER denying #52 Motion. The parties should take this issue up with the domestic relations court. Signed by Judge William F. Jung on 9/16/2021. (Jung, William)
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Filing 52
MOTION for Miscellaneous Relief, specifically Petitioners Motion for Immediate Child Custody and Access by Sylvia L Pflucker. (Berry, Michael)
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Filing 51
(Filed in Error - Counsel notified to refile redacted version)NOTICE by Sylvia L Pflucker Notice of Filing Courts Directive (Attachments: #1 Exhibit Pet Exh 19 Hillsborough Hearing (Redacted)(Berry, Michael) Modified on 9/17/2021 (ABC). Modified on 9/17/2021 (ABC).
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Filing 50
Minute Entry. In Person Proceedings held before Judge William F. Jung: DAY 3 Evidentiary Hearing held on 9/15/2021. Court Reporter: Tracey Aurelio (CAH)
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Filing 49
Minute Entry. In Person Proceedings held before Judge William F. Jung: Day 2 Evidentiary Hearing held on 9/14/2021. Court Reporter: Tracey Aurelio (CAH)
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Filing 48
NOTICE of hearing: Evidentiary Hearing set for 9/15/2021 at 08:30 AM in Tampa Courtroom 15 B before Judge William F. Jung. (CAH)
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Filing 47
Minute Entry. In Person Proceedings held before Judge William F. Jung: Day 1 Evidentiary Hearing held on 9/13/2021. Court Reporter: Tracey Aurelio (CAH)
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Filing 46
NOTICE by Kirby R. Warms of Filing of Respondent's Original Allocation of Exhibits (Thatcher, Matthew)
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Filing 45
Exhibit List Petitioner's Trial Exhibit List by Sylvia L Pflucker. (Garcia, Oxalis)
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Filing 44
Joint Exhibit List by Sylvia L Pflucker. (Garcia, Oxalis) Modified on 9/13/2021 (ABC).
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Filing 43
(TERMINATED as Discovery; counsel notified.) NOTICE by Kirby R. Warms Amended Notice of Taking Depositions of Non-Parties (Thatcher, Matthew) Modified on 9/10/2021 (AG).
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Filing 42
Terminated - Discovery. Counsel notified. NOTICE by Sylvia L Pflucker of Taking Depositions (Berry, Michael) Modified on 9/9/2021 (ABC).
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Filing 41
ORDER permitting Kirby R. Warms and William Kent to bring their cell phones and laptop computers into courthouse (re #23 MOTION to Allow Electronic Equipment). Signed by Judge William F. Jung on 9/9/2021. (CCB)
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Filing 40
Terminated - Discovery. Counsel notified. NOTICE by Kirby R. Warms Taking Depositions of Non-Parties (Thatcher, Matthew) Modified on 9/9/2021 (ABC).
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Filing 39
NOTICE of Lead Counsel Designation by Matthew E. Thatcher on behalf of Kirby R. Warms. Lead Counsel: Matthew E. Thatcher. (Thatcher, Matthew)
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Filing 38
(TERMINATED as Discovery; Counsel notified with notice governing Discovery.) PROOF of service by Kirby R. Warms (Thatcher, Matthew) Modified on 9/10/2021 (AG).
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Filing 37
Terminated - Discovery. Counsel notified. NOTICE by Sylvia L Pflucker Affidavit of Service Subpoena For Depo Laura Pflucker (Berry, Michael) Modified on 9/9/2021 (ABC).
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Filing 36
Terminated - Discovery. Counsel notified. NOTICE by Sylvia L Pflucker Subpoena for Deposition Luis C (Berry, Michael) Modified on 9/9/2021 (ABC).
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Filing 35
NOTICE to counsel Matthew Thatcher, Stanford Solomon, and Victoria Cruz- Gracia of Local Rule 2.02(a), which requires designation of one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action. File a Notice of Lead Counsel Designation to identify lead counsel. (Signed by Deputy Clerk). (ABC)
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Filing 34
Terminated - Discovery. Counsel notified. NOTICE by Sylvia L Pflucker of Serving Subpoena Dave Warms (Berry, Michael) Modified on 9/9/2021 (ABC).
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Filing 33
NOTICE to the Courts to take judicial notice by Kirby R. Warms. (Thatcher, Matthew) Modified on 9/9/2021 (ABC).
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Filing 32
REPLY to affirmative defenses by Sylvia L Pflucker. (Berry, Michael)
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Filing 31
Terminated - Discovery. Counsel notified. NOTICE by Kirby R. Warms of Issuance of Subpoenas to Testify at Trial (Thatcher, Matthew) Modified on 9/9/2021 (ABC).
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Filing 30
(Counsel contacted to re-file. Document unsigned.) Exhibit List by Sylvia L Pflucker. (Berry, Michael) Modified on 9/9/2021 (ABC).
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Filing 29
(Counsel contacted to re-file. Document unsigned.) Witness List by Sylvia L Pflucker. (Berry, Michael) Modified on 9/9/2021 (ABC).
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Filing 28
Witness List by Kirby R. Warms. (Thatcher, Matthew)
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Filing 27
Exhibit List for Trial by Kirby R. Warms. (Thatcher, Matthew)
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Filing 26
NOTICE by Kirby R. Warms of Issuance of Subpoenas to Testify at Trial (Thatcher, Matthew)
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Filing 25
ANSWER and affirmative defenses to #7 Amended Complaint Hague Convention Petition for Return of Children to Peru by Kirby R. Warms.(Thatcher, Matthew)
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Filing 24
ENDORSED ORDER granting #23 Motion to Allow Electronic Equipment. Please email a draft Order to Cindy Bedell and Shameeka Olden. Signed by Judge William F. Jung on 8/30/2021. (Jung, William)
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Filing 23
MOTION to Allow Electronic Equipment, specifically laptop and cell phones by Kirby R. Warms. (Thatcher, Matthew)
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Filing 22
NOTICE of hearing: Evidentiary Hearing set for 9/13/2021 and 9/14/2021 at 9:00 AM in Tampa Courtroom 15B before Judge William F. Jung. The parties should exchange exhibit and witness lists by 9/07/2021.(SAO)
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Filing 21
Minute Entry. Virtual Proceedings held before Judge William F. Jung: STATUS CONFERENCE held on 8/24/2021. The parties should exchange exhibit and witness lists by 9/07/21. No later than 9/08/21, Petitioner should respond under oath to Mr. Warms' affidavit, answering the allegations on the merits paragraph by paragraph. Court Reporter: Tracey Aurelio (SAO)
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Filing 20
RESPONSE TO ORDER TO SHOW CAUSE re #10 Order to show cause filed by Kirby R. Warms. (Attachments: #1 Exhibit)(Solomon, Stanford)
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Filing 19
AFFIDAVIT of Affidavit in Response to Order to Show Cause and in Opposition to Petitioner's Amended Verified Hague Convention Petition re: #10 Order to show cause by Kirby R. Warms. (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, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit)(Solomon, Stanford)
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Filing 18
NOTICE of Appearance by Stanford R. Solomon on behalf of Kirby R. Warms (Solomon, Stanford)
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Filing 17
NOTICE of hearing: Status Conference set for 8/24/2021 at 01:30 PM via Zoom Video Conference before Judge William F. Jung. The Clerk will be sending everyone an invitation to the meeting via email. If you have any questions, please contact courtroom deputy, Shameeka Olden, at Shameeka_Olden@flmd.uscourts.gov. Although the hearing is taking place by video, all parties should dress appropriately for this Court proceeding. Furthermore, the parties are hereby reminded that under Local Rule 5.01 the taking of photographs, the operation of recording or transmission devices, and the broadcasting or televising of proceedings in any courtroom or hearing room of this Court, or the environs thereof, either while the Court is in session or at recesses between sessions when Court officials, lawyers, jurors, witnesses or other persons connected with judicial proceedings of any kind are present, are prohibited. (SAO)
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Filing 16
RETURN of service executed on 08/11/2021 by Sylvia L Pflucker as to Kirby R. Warms. (BES)
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Filing 15
NOTICE by Sylvia L Pflucker of Filing Service of Process (Berry, Michael)
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Filing 14
NOTICE of supplemental authority in Support of the Amended Verified Hague Petition for Return of Children to Peru by Sylvia L Pflucker. (Attachments: #1 Exhibit)(Berry, Michael)
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Filing 13
NOTICE by Sylvia L Pflucker Certificate of Service (Berry, Michael)
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Filing 12
NOTICE of Disclosure Statement by Sylvia L Pflucker(Berry, Michael)
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Filing 11
NOTICE of Related Cases by Sylvia L Pflucker (Berry, Michael)
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Filing 10
ORDER to show cause why amended petition should not be granted as to Kirby R. Warms. Show Cause Response due by seven (7) days from service. Signed by Judge William F. Jung on 8/6/2021. (CCB) Modified on 8/6/2021 (CCB).
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Filing 9
NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge. (Signed by Deputy Clerk). (SAO)
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Filing 8
NOTICE of Local Rule 1.07(c), Local Rule 3.02(a)(2), and Local Rule 3.03. -Local Rule 1.07(c) requires lead counsel to promptly file a Notice of a Related Action that identifies and describes any related action pending in the Middle District. -Local Rule 3.02(a)(2) requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. -Local Rule 3.03 requires each party to file a disclosure statement with the first appearance that identifies (1) each person that has or might have an interest in the outcome, (2) each entity with publicly traded shares or debt potentially affected by the outcome, (3) each additional entity likely to actively participate, and (4) each person arguably eligible for restitution. The disclosure statement must include this certification - I certify that, except as disclosed, I am unaware of an actual or potential conflict of interest affecting the district judge or the magistrate judge in this action, and I will immediately notify the judge in writing within fourteen days after I know of a conflict. (Signed by Deputy Clerk). (SAO)
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Filing 7
AMENDED Verified Hague Convention Petition against Kirby R. Warms filed by Sylvia L Pflucker.(BES) (Additional attachment(s) added on 8/6/2021: #1 Exhibit A, #2 Exhibit B, #3 Exhibit 1-3, #4 Exhibit 4-5, #5 Exhibit 6-10, #6 Exhibit 11-15, #7 Exhibit 16-17) (BES).
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Filing 6
SUMMONS issued as to Kirby R. Warms. (BES)
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Filing 5
ENDORSED ORDER directing the Clerk to seal the exhibit at docket 1-3. Signed by Judge William F. Jung on 8/5/2021. (CCB)
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Filing 4
NOTICE by Sylvia L Pflucker re #1 Complaint Corrections (Attachments: #1 Main Document, #2 Supplement)(Berry, Michael)
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Filing 3
NEW CASE ASSIGNED to Judge William F. Jung and Magistrate Judge Julie S. Sneed. New case number: 8:21-cv-1869-WFJ-JSS. (SJB)
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Filing 2
MOTION for Temporary Restraining Order by Sylvia L Pflucker. (Berry, Michael)
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Filing 1
COMPLAINT against Kirby R. Warms (Filing fee $ 402 receipt number AFLMDC-18553921) filed by Sylvia L Pflucker. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Berry, Michael)
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| Plaintiff: Sylvia L Pflucker | |
| Represented By: | Michael Charles Berry, Sr. |
| Represented By: | Oxalis Bianca Garcia |
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| Defendant: Kirby R. Warms | |
| Represented By: | Matthew E. Thatcher |
| Represented By: | Stanford R. Solomon |
| Represented By: | Victoria Cruz-Garcia |
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