Zujovic v. Popovic
| Vladimir Zujovic |
| Cveta Popovic, Visnja Popovic and Esq. Brian Zimmerman |
| 1:2024cv00205 |
| February 15, 2024 |
| US District Court for the Eastern District of California |
| Barbara A McAuliffe |
| Jennifer L Thurston |
| Civil Rights: Other |
| 42 U.S.C. § 11601 |
| None |
Docket Report
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| SERVICE BY MAIL: #38 Docket Annotation, #37 Civil New Case Documents for JLT served on Hassan E Ansari, Michael Banuchis. (Marrujo, C) |
| Filing 38 CLERK'S NOTICE to All Attorneys: Please fill out and submit the Pro Hac Vice Application and pay the PHV fee of $300.00 to file in this case. Please visit PACER.gov for admission. (Marrujo, C) |
| Filing 37 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 5/28/2024 at 08:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Marrujo, C) |
| Filing 36 CASE TRANSFERRED IN from District of New York Eastern; Case Number 1:23-cv-05559. |
| Case transferred to Eastern District of California. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (IH) [Transferred from nyed on 2/15/2024.] |
Filing 35
ORDER: For the reasons stated in the attached Order, the Court directs the Clerk of Court, pursuant to 28 U.S.C. 1406, to transfer this case to the Eastern District of California. So Ordered by Magistrate Judge Sanket J. Bulsara on 2/6/2024. (AL) [Transferred from nyed on 2/15/2024.]
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| Filing 34 TRANSCRIPT of Proceedings held on September 21, 2023, before Judge Bulsara. Court Transcriber: Transcriptions Plus II, Inc.. Email address: RL.Transcriptions2@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 2/19/2024. Redacted Transcript Deadline set for 2/29/2024. Release of Transcript Restriction set for 4/29/2024. (RC) [Transferred from nyed on 2/15/2024.] |
| Filing 33 TRANSCRIPT of Proceedings held on November 13, 2023, before Judge Bulsara. Court Transcriber: Abba Reporting. Email address: abbareporting@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 2/19/2024. Redacted Transcript Deadline set for 2/29/2024. Release of Transcript Restriction set for 4/29/2024. (RC) [Transferred from nyed on 2/15/2024.] |
| Filing 32 Letter re: Settlement Discussions (Joint) by Vladimir Zujovic (Ansari, Hassan) [Transferred from nyed on 2/15/2024.] |
| Filing 31 ANSWER to #13 Amended Complaint by Visnja Popovic. (Min, Richard) [Transferred from nyed on 2/15/2024.] |
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ORDER: The Motion for Extension of Time to File Answer #30 is hereby granted. Defendant Visnja Popovic must file an answer or otherwise respond to the complaint by 1/12/2024. Furthermore, the parties should submit a joint letter providing an update on their settlement discussions, and specifically whether they have resolved this case, by 1/15/2024. So Ordered by Magistrate Judge Sanket J. Bulsara on 12/13/2023. (AL) [Transferred from nyed on 2/15/2024.]
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| Filing 30 Second MOTION for Extension of Time to File Answer re #13 Amended Complaint by Visnja Popovic. (Min, Richard) [Transferred from nyed on 2/15/2024.] |
| Filing 29 Letter re Venue by Visnja Popovic (Min, Richard) [Transferred from nyed on 2/15/2024.] |
| Filing 28 TRIAL BRIEF re: application of 28 USC 1404(a), upon request of the Court by Vladimir Zujovic (Ansari, Hassan) [Transferred from nyed on 2/15/2024.] |
| Filing 27 NOTICE of Voluntary Dismissal by Vladimir Zujovic as to the Action against Defendant Brian Zimmerman (Ansari, Hassan) [Transferred from nyed on 2/15/2024.] |
| Filing 26 Letter dated November 9, 2023 from Brian Zimmerman Esq., regarding the scheduled status conference for November 13, 2023. (EM) [Transferred from nyed on 2/15/2024.] |
| Filing 25 Supplemental MOTION for Extension of Time to File Answer re #13 Amended Complaint by Visnja Popovic. (Min, Richard) [Transferred from nyed on 2/15/2024.] |
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ORDER: The parties are directed submit letter briefs no longer than 3 single-spaced pages addressing whether this case should be transferred to the Eastern District of California. A Hague Convention matter like the present one may be filed in the federal district encompassing the location of the child, H.Z. Skolnick v. Wainer, No. CV 2013-4694, 2013 WL 5329112, at *1 (E.D.N.Y. Sept. 20, 2013) ("ICARA provides that a 'person seeking to initiate judicial proceedings under the Convention for the return of a child...may...commenc[e] a civil action by filing a petition for the relief sought in any court which has jurisdiction of such action and which is authorized to exercise its jurisdiction in the place where the child is located at the time the petition is filed.'" (quoting 42 U.S.C. 11603(b))). This matter was initiated in July 2023. At the status conference on 9/21/2023, counsel for the Petitioner indicated that the child's whereabouts were unknown at that time. At the status conference on 11/13/2023, counsel for Respondent Visnja Popovic indicated that H.Z. is living in California pursuant to a Kings County Family Court order issued in August 2023, giving temporary custody to H.Z.'s maternal aunt. The parties should indicate where H.Z. was living at the time the original petition was filed in this case. "[F]ederal courts have dismissed ICARA petitions where children were not located in the jurisdiction of the court at the time the petition was filed[.]" Id. (collecting cases). If the parties agree that H.Z. was in the Eastern District of New York at the time this action was commenced, they should explain why, in the interests of justice and pursuant to 28 U.S.C. 1404(a), this case should not be transferred to the Eastern District of California. E.g., id. ("Given the importance of speedy adjudication of the claim in this action and the consent of both parties to the transfer to a court authorized to hear this case, this Court finds that transfer to the District of Connecticut is in the interests of justice[.]"); Salguero v. Argueta, 256 F. Supp. 3d 630, 633 (E.D.N.C. 2017) ("On or around January 24, 2017, petitioner learned that respondent and the child were located in Raleigh, North Carolina. Petitioner then moved to transfer the case to this court, pursuant to 28 U.S.C. 1404(a). The court granted petitioner's motion and transferred the case to this court on March 14, 2017."); Gayle-Sawyers v. Wellington, No. 22-CV-2309, 2022 WL 18674917, at *1 (N.D. Ga. Aug. 22, 2022) (transferring case because, although child was initially located in Georgia at time of filing of initial petition, child subsequently moved to New York). The parties' briefs should be submitted no later than December 6, 2023.Although at the status conference, the Court discussed the parties briefing the "well-settled" defense under Article 12 of the Convention, the Court declines to require briefing on that issue, since it is a fact-bound inquiry that cannot be determined upon the pleadings and limited record in this case. The defense and any arguments thereto remain available to any party to pursue should the case remain in this District. So Ordered by Magistrate Judge Sanket J. Bulsara on 11/14/2023. (AL) [Transferred from nyed on 2/15/2024.]
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MINUTE ENTRY AND ORDER: A status conference was held on 11/13/2023 before Magistrate Judge Sanket J. Bulsara. Counsel for Petitioner (Hassan E. Ansari) and counsel for Respondent Visnja Popovic (Michael Banuchis) were present. Respondent Cveta Popovic did not appear. Respondent Brian Zimmerman was excused from appearing by the Court. For the reasons stated on the record, Petitioner should file a notice dismissing Respondent Zimmerman from the case and do so no later than 11/20/2023.The motions for extension of time to file answer #24 #25 are granted in part. The time to answer for any respondent is extended to 12/13/2023. In light of the Court's excusal of Respondent Zimmerman, the motion to appear remotely #23 is denied as moot. So Ordered by Magistrate Judge Sanket J. Bulsara on 11/14/2023. (FTR Log: 11:14 A.M. - 11:34 A.M.) (AL) Modified on 1/26/2024 (EM). [Transferred from nyed on 2/15/2024.]
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| Filing 24 MOTION for Extension of Time to File Answer in light of briefing schedule by Visnja Popovic. (Banuchis, Michael) [Transferred from nyed on 2/15/2024.] |
| Filing 21 NOTICE of Appearance by Richard Min on behalf of Visnja Popovic (aty to be noticed) (Min, Richard) [Transferred from nyed on 2/15/2024.] |
| Filing 20 NOTICE of Appearance by Michael Banuchis on behalf of Visnja Popovic (aty to be noticed) (Banuchis, Michael) [Transferred from nyed on 2/15/2024.] |
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ORDER: In light of his letter received by Chambers, Attorney Brian Zimmerman is excused from attendance at the status conference scheduled for today, 11/13/2023, at 11:00 A.M. The Court will proceed with the conference as originally scheduled. So Ordered by Magistrate Judge Sanket J. Bulsara on 11/13/2023. (AL) [Transferred from nyed on 2/15/2024.]
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| Filing 23 Letter MOTION to Appear by Telephone/Video for conference scheduled on 11/13/2023 by Brian Zimmerman. (IH) [Transferred from nyed on 2/15/2024.] |
| Filing 22 Letter from Brian Zimmerman, Esq. to Judge Bulsara dated 11/9/2023 re: postponing conference scheduled for 11/13/2023. (IH) [Transferred from nyed on 2/15/2024.] |
| Filing 19 AFFIDAVIT of Service for Scheduling Order for In-Person Status Conference served on All Defendants on 11/3/2023, filed by Vladimir Zujovic. (Ansari, Hassan) [Transferred from nyed on 2/15/2024.] |
| Filing 18 SUMMONS Returned Executed by Vladimir Zujovic. Cveta Popovic served on 8/4/2023, answer due 8/25/2023. (Ansari, Hassan) [Transferred from nyed on 2/15/2024.] |
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SCHEDULING ORDER: An in-person status conference will be held on 11/13/2023 at 11:00 A.M. in Courtroom 13C South before Magistrate Judge Sanket J. Bulsara. All parties must be present. Plaintiff is directed to serve a copy of this Scheduling Order on Defendants and file proof of service on the docket by 11/6/2023. So Ordered by Magistrate Judge Sanket J. Bulsara on 10/30/2023. (AL) [Transferred from nyed on 2/15/2024.]
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| Filing 17 SUMMONS Returned Executed by Vladimir Zujovic. Visnja Popovic served on 10/26/2023, answer due 11/16/2023. (Ansari, Hassan) [Transferred from nyed on 2/15/2024.] |
| Filing 16 SUMMONS Returned Executed by Vladimir Zujovic. Brian Zimmerman served on 10/26/2023, answer due 11/16/2023. (Ansari, Hassan) [Transferred from nyed on 2/15/2024.] |
| Filing 15 Summons Issued as to Cveta Popovic, Visnja Popovic, Brian Zimmerman. (IH) [Transferred from nyed on 2/15/2024.] |
| Filing 14 Proposed Summons. Re #13 Amended Complaint by Vladimir Zujovic (Ansari, Hassan) [Transferred from nyed on 2/15/2024.] |
| Filing 13 AMENDED COMPLAINT for Return of Child to Serbia under The Hague Convention against All Defendants, filed by Vladimir Zujovic. (Attachments: #1 A, #2 B, #3 C, #4 D) (Ansari, Hassan) [Transferred from nyed on 2/15/2024.] |
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MINUTE ENTRY AND ORDER: A status conference was held on 9/21/2023 before Magistrate Judge Sanket J. Bulsara. Counsel for Plaintiff (Hassan E. Ansari) was present. Defendant failed to appear. For the reasons stated on the record, the deadline to amend the pleadings is extended to 10/12/2023. Plaintiff is directed to serve any amended pleadings upon the Defendant, any newly named Defendants, and the child's guardian ad litem in the family court proceeding, and file proof of service on the docket. Upon receipt of proof of service, the Court will schedule another status conference. In light of Plaintiff's withdrawal of the motions for a temporary restraining order or preliminary injunction, the motions #2 #3 are denied as moot. So Ordered by Magistrate Judge Sanket J. Bulsara on 9/21/2023. (FTR Log: 11:45 A.M. 12:22 P.M.) (AL) [Transferred from nyed on 2/15/2024.]
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ORDER: The motion for extension of time to file proof of service and adjourn the status conference #12 is denied. The Court has served the scheduling order upon Defendant in advance of the conference. The status conference remains scheduled for 9/21/2023 at 11:30 A.M. in Courtroom 13C South. So Ordered by Magistrate Judge Sanket J. Bulsara on 9/19/2023. (AL) [Transferred from nyed on 2/15/2024.]
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| Filing 12 First MOTION for Extension of Time to File Proof of Service of Scheduling Order and for Rescheduling of Status Conference by Vladimir Zujovic. (Ansari, Hassan) [Transferred from nyed on 2/15/2024.] |
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ORDER: The motion to substitute attorney #11 is hereby granted. Attorney Hassan E. Ansari is substituted as counsel of record for Plaintiff. Attorney Srdjan Milenkovic is removed from the docket. So Ordered by Magistrate Judge Sanket J. Bulsara on 9/15/2023. (AL) [Transferred from nyed on 2/15/2024.]
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| Filing 11 Motion to Substitute Attorney: Consent MOTION to Appoint Counsel Hassan E. Ansari by Vladimir Zujovic. (Ansari, Hassan) (Event type changed to "Motion to substitute attorney".)Modified on 9/15/2023 (EM). [Transferred from nyed on 2/15/2024.] |
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Filing 10
SCHEDULING ORDER: An in-person status conference will be held on 9/21/2023 at 11:30 A.M. in Courtroom 13C South before Magistrate Judge Sanket J. Bulsara. All parties must be present. Plaintiff is directed to serve a copy of this Scheduling Order on Defendant and file proof of service on the docket by 9/12/2023. So Ordered by Magistrate Judge Sanket J. Bulsara on 9/8/2023. (AL) [Transferred from nyed on 2/15/2024.]
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| Filing 9 AFFIDAVIT of Service for Petition, Motion, Proposed Order served on Cveta Popovic on 08/04/2023, filed by Vladimir Zujovic. (Milenkovic, Srdjan) [Transferred from nyed on 2/15/2024.] |
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ORDER -- On July 21, 2023, Plaintiff filed the Complaint in this action. See ECF No. 1. On the same date, Plaintiff filed a motion (the "Motion"), ECF No. 3, in which Plaintiff appears to seek either a temporary restraining order or a preliminary injunction. See ECF No. 3 at 1; ECF No. 3-1 at 1. The docket reflects, however, that Plaintiff has not served Defendant with the Complaint and Summons or with the Motion. See generally docket. Plaintiff is directed to, by August 22, 2023, serve Defendant with the Summons, Complaint, and Motion and file proof of such service on the docket. Should service not be effectuated by August 22, 2023, the Court will conclude that Plaintiff is not seeking temporary emergency relief under Rule 65 of the Federal Rules of Civil Procedure. If Plaintiff is not seeking such relief, Plaintiff may serve Defendant consistent with the requirements of Rule 4(m) of the Federal Rules of Civil Procedure. Ordered by Judge Diane Gujarati on 8/8/2023. (KA) [Transferred from nyed on 2/15/2024.]
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| Filing 8 Summons Issued as to Cveta Popovic. (IH) [Transferred from nyed on 2/15/2024.] |
| Filing 7 Proposed Summons. by Vladimir Zujovic (Milenkovic, Srdjan) [Transferred from nyed on 2/15/2024.] |
| Filing 6 Proposed Summons.Civil Cover Sheet.. by Vladimir Zujovic (Milenkovic, Srdjan) [Transferred from nyed on 2/15/2024.] |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR) [Transferred from nyed on 2/15/2024.] |
| Filing 4 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (SR) [Transferred from nyed on 2/15/2024.] |
| Notice: MISSING CIVIL COVER SHEET. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Please resubmit corrected Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (SR) [Transferred from nyed on 2/15/2024.] |
| Case Assigned to Judge Diane Gujarati and Magistrate Judge Sanket J. Bulsara. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Motions referred to Sanket J. Bulsara. (SR) [Transferred from nyed on 2/15/2024.] |
| Your proposed summons was not issued for one of the following reasons: No summons provided, please submit summons. The event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (SR) [Transferred from nyed on 2/15/2024.] |
| Filing 3 First MOTION for Preliminary Injunction by Vladimir Zujovic. (Attachments: #1 Memorandum in Support, #2 Proposed Order) (Milenkovic, Srdjan) [Transferred from nyed on 2/15/2024.] |
| Filing 2 First MOTION for Preliminary Injunction by Vladimir Zujovic. (Milenkovic, Srdjan) [Transferred from nyed on 2/15/2024.] |
| Filing 1 COMPLAINT against All Defendants filing fee $ 402, receipt number BNYEDC-16918056 Was the Disclosure Statement on Civil Cover Sheet completed -no,, filed by Vladimir Zujovic. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit) (Milenkovic, Srdjan) [Transferred from nyed on 2/15/2024.] |
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