Bell v. Cheuk
Plaintiff: David Albert Bell
Defendant: Wen Cheuk and Wen Yi Cheuk
Case Number: 3:2020cv03518
Filed: May 26, 2020
Court: US District Court for the Northern District of California
Presiding Judge: Vince Chhabria
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 24, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 24, 2020 Filing 33 CLERK'S NOTICE REQUIRING ADVANCE REGISTRATION FOR UPCOMING CASE MANAGEMENT CONFERENCE AND PROVIDING ZOOM WEBINAR ACCESS FOR CMC AND EVIDENTIARY HEARING. Further Case Management Conference set for 8/5/2020, 10:00 AM. Evidentiary Hearing set for 8/14/2020, 09:00 AM, before Judge Vince Chhabria. For Zoom connection, see: https://apps.cand.uscourts.gov/telhrg/This proceeding will be a Zoom video conferencing webinar. ADVANCE REGISTRATION OF PARTICIPATING COUNSEL IS REQUIRED FOR UPCOMING CASE MANAGEMENT CONFERENCE and must be done by emailing a list of names and emails of counsel who will be participating in the hearing to vccrd@cand.uscourts.gov by no later than Monday, August 3, 2020, at 10:00 a.m. PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III.Case participants may also receive an email invitation from the court with different information which should be followed.All counsel, members of the public and press please click the link or use the information below to join the webinar: https://cand-uscourts.zoomgov.com/j/1612857657?pwd=WE5Gcm1zS293WU84V0tyd0c2Ulp1UT09Meeting ID: 161 285 7657Password: 547298Dial by your location+1 929 205 6099 US (New York)+1 253 215 8782 US+1 301 715 8592 US+1 312 626 6799 US (Chicago)+1 346 248 7799 US (Houston)+1 669 900 6833 US (San Jose)Find your local number: https://zoom.us/u/ac4JkPfcjoFor important information and guidance on technical preparation, please see #https://www.cand.uscourts.gov/zoom/. Further Case Management Conference set for 8/5/2020, 10:00 AM. Evidentiary Hearing set for 8/14/2020, 09:00 AM, before Judge Vince Chhabria. (This is a text-only entry generated by the court. There is no document associated with this entry.)(knm, COURT STAFF) (Filed on 7/24/2020)
July 24, 2020 Opinion or Order Filing 32 ORDER RE FURTHER PROCEEDINGS. Signed by Judge Vince Chhabria on 7/24/2020. (vclc1S, COURT STAFF) (Filed on 7/24/2020)
July 15, 2020 Filing 31 Minute Entry for proceedings held before Judge Vince Chhabria: Further Case Management Conference held via Zoom Webinar on 7/15/2020.Counsel are ordered to provide the Court by no later than 7/20/2020, contact information for the specific judge in the Family Division of the High Court of Justice in the U.K., so that the Court may coordinate the efforts in this case and the one pending in the U.K. Counsel may email the information to vccrd@cand.uscourts.gov.Total Time in Court: 30 minutes. Court Reporter: Hearing recorded via Zoom Webinar: 11:16 - 11:46. Plaintiff Attorney: Michael Banuchis, Richard Min, and Kelly Shindell. Defendant Attorney: Jill McInerney and Trevor Thorpe. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Date Filed: 7/15/2020)
July 14, 2020 Filing 30 BRIEF IN RESPONSE TO #28 JOINT CASE MANAGEMENT STATEMENT by David Albert Bell. (Shindell, Kelly) (Filed on 7/14/2020) Modified on 7/15/2020 (mclS, COURT STAFF).
July 14, 2020 Filing 29 RESPONSE Declaration of Plaintiff re CMC Statement by David Albert Bell. (Shindell, Kelly) (Filed on 7/14/2020)
July 8, 2020 Filing 28 JOINT CASE MANAGEMENT STATEMENT filed by Wen Yi Cheuk. (Attachments: #1 Exhibit COVID-19 Toolkit)(Thorpe, Trevor) (Filed on 7/8/2020)
July 6, 2020 Filing 27 CLERK'S NOTICE PROVIDING ZOOM ACCESS INFORMATION RE Further Case Management Conference set for 7/15/2020 10:00 AM. For Zoom connection, see: https://apps.cand.uscourts.gov/telhrg/This proceeding will be a Zoom video conferencing webinar. ADVANCE REGISTRATION OF PARTICIPATING COUNSEL IS REQUIRED and must be done by emailing a list of names and emails of counsel who will be participating in the hearing to vccrd@cand.uscourts.gov by no later than Monday, July 13, 2020, at 10:00 a.m.. PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III.Case participants may also receive an email invitation from the court with different information which should be followed.All counsel, members of the public and press please click the link or use the information below to join the webinar: https://cand-uscourts.zoomgov.com/j/1612857657?pwd=WE5Gcm1zS293WU84V0tyd0c2Ulp1UT09Meeting ID: 161 285 7657Password: 547298Dial by your location+1 929 205 6099 US (New York)+1 253 215 8782 US+1 301 715 8592 US+1 312 626 6799 US (Chicago)+1 346 248 7799 US (Houston)+1 669 900 6833 US (San Jose)Find your local number: https://zoom.us/u/ac4JkPfcjoFor important information and guidance on technical preparation, please see #https://www.cand.uscourts.gov/zoom/. Further Case Management Conference set for 7/15/2020 10:00 AM. (This is a text-only e ntry generated by the court. There is no document associated with this entry.)(knm, COURT STAFF) (Filed on 7/6/2020)
June 22, 2020 Opinion or Order Filing 26 ORDER CONTINUING CASE MANAGEMENT CONFERENCE TO 7/15/2020. A joint case management statement is due 7/8/2020. Signed by Judge Vince Chhabria on 6/22/2020. (vclc1S, COURT STAFF) (Filed on 6/22/2020)
June 22, 2020 Set Deadlines/Hearings: Case Management Statement due by 7/8/2020. Further Case Management Conference set for 7/15/2020 10:00 AM. (vclc1S, COURT STAFF) (Filed on 6/22/2020)
June 19, 2020 Filing 25 STIPULATION re Request for Order Changing Time filed by Wen Yi Cheuk. (Thorpe, Trevor) (Filed on 6/19/2020)
June 11, 2020 Filing 24 Minute Entry for proceedings held before Judge Vince Chhabria: Show Cause Hearing - Non Evidentiary held via Zoom Webinar on 6/11/2020.The Court heard oral argument regarding the Order to Show Cause. The Court declined to issue any orders at this time regarding the status of the children. The Court set a case management conference to discuss the next steps in the case. The parties are ordered to file a joint case management statement in advance of the CMC, which lays out each side's position on how the case should be adjudicated based on the discussions held today. Case Management Statement due by 6/22/2020. Initial Case Management Conference set for 6/24/2020 10:00 AM. This hearing will be held via Zoom Webinar. Access information will be sent out closer to the hearing date.Total Time in Court: 42 minutes. Court Reporter: Hearing recorded via Zoom Webinar: 10:10 - 10:52. Plaintiff Attorney: Richard Min, Kelly Shindell, and Michael Banuchis (Pro Hac Application to be filed). Defendant Attorney: Jill McInerney and Trevor Thorpe. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Date Filed: 6/11/2020)
June 10, 2020 Filing 23 RESPONSE VERIFIED REPLY by David Albert Bell. (Shindell, Kelly) (Filed on 6/10/2020)
June 10, 2020 Filing 22 ASSOCIATION of Counsel and Notice of Appearance by Wen Yi Cheuk. (Thorpe, Trevor) (Filed on 6/10/2020)
June 10, 2020 Filing 21 RESPONSE TO ORDER TO SHOW CAUSE by Wen Yi Cheuk Supplemental. (Attachments: #1 Exhibit London High Court Order)(Thorpe, Trevor) (Filed on 6/10/2020)
June 9, 2020 Filing 20 CERTIFICATE OF SERVICE by David Albert Bell (Shindell, Kelly) (Filed on 6/9/2020)
June 8, 2020 Filing 19 Response to Order to Show Cause and Preliminary Response to Petition for Return byWen Yi Cheuk. (Thorpe, Trevor) (Filed on 6/8/2020)
June 8, 2020 Opinion or Order Filing 18 ORDER REQUIRING SERVICE. Signed by Judge Vince Chhabria on 6/8/2020. (vclc1S, COURT STAFF) (Filed on 6/8/2020)
June 8, 2020 Filing 17 CLERK'S NOTICE CONVERTING HEARING ON #8 ORDER TO SHOW CAUSE TO ZOOM WEBINAR. Order to Show Cause Hearing set for 6/11/2020 10:00 AM. For Zoom connection, see: https://apps.cand.uscourts.gov/telhrg/This proceeding will be a Zoom video conferencing webinar. ADVANCE REGISTRATION IS REQUIRED and must be done by emailing a list of names and emails of parties and counsel who will be participating in the hearing to vccrd@cand.uscourts.gov by no later than 1:00 PM PDT on Wednesday, June 9. PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III.Case participants may also receive an email invitation from the court with different information which should be followed.All counsel, members of the public, and press, please click the link or use the information below to join the webinar: https://us02web.zoom.us/j/87199726979?pwd=a0o1OWxMZEN3OWpCVDlNeVhiY1FNUT09Meeting ID: 871 9972 6979Password: 177331Dial by your location+1 929 205 6099 US (New York)+1 253 215 8782 US+1 301 715 8592 US+1 312 626 6799 US (Chicago)+1 346 248 7799 US (Houston)+1 669 900 6833 US (San Jose)Find your local number: https://zoom.us/u/ac4JkPfcjoFor important information and guidance on technical preparation, please see #https://www.cand.uscourts.gov/zoom/. Order to Show Cause Hearing set for 6/11/2020 10:00 AM. (This is a text-only ent ry generated by the court. There is no document associated with this entry.) (vclc1S, COURT STAFF) (Filed on 6/8/2020)
June 8, 2020 Opinion or Order Filing 16 Order by Judge Vince Chhabria granting #7 Motion for Pro Hac Vice - Min.(knm, COURT STAFF) (Filed on 6/8/2020)
June 4, 2020 Filing 15 REASSIGNED CASE - NOTICE OF NEW HEARING DATE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Vince Chhabria upon reassignment. For a copy of Judge Chhabria's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. Case Management Statement due by 8/19/2020. Initial Case Management Conference set for 8/26/2020 10:00 AM in San Francisco, Courtroom 04, 17th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Filed on 6/4/2020)
June 3, 2020 Filing 14 CERTIFICATE OF SERVICE by David Albert Bell (Shindell, Kelly) (Filed on 6/3/2020)
June 3, 2020 Filing 13 CERTIFICATE OF SERVICE by David Albert Bell (Shindell, Kelly) (Filed on 6/3/2020)
June 3, 2020 Filing 12 SUMMONS Returned Executed by David Albert Bell. Wen Yi Cheuk served on 6/3/2020, answer due 6/24/2020. (Shindell, Kelly) (Filed on 6/3/2020)
June 2, 2020 Filing 11 Summons Issued as to Wen Yi Cheuk. (hdjS, COURT STAFF) (Filed on 6/2/2020)
June 1, 2020 Filing 10 NOTICE by David Albert Bell of Pendency of Action (Shindell, Kelly) (Filed on 6/1/2020)
June 1, 2020 Filing 9 Proposed Summons. (Shindell, Kelly) (Filed on 6/1/2020)
June 1, 2020 Opinion or Order Filing 8 ORDER TO SHOW CAUSE. Response due by 6/8/2020. Order to Show Cause Hearing set for 6/11/2020 10:00 AM by Zoom Webinar. Zoom access information will be provided closer to the hearing date. Signed by Judge Vince Chhabria on 6/1/2020. (vclc1S, COURT STAFF) (Filed on 6/1/2020)
May 29, 2020 Filing 7 First MOTION for leave to appear in Pro Hac Vice for Richard Min on behalf of Plaintiff David Albert Bell ( Filing fee $ 310, receipt number 0971-14520625.) filed by David Albert Bell. (Min, Richard) (Filed on 5/29/2020)
May 29, 2020 Opinion or Order Filing 6 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Vince Chhabria for all further proceedings. Magistrate Judge Donna M. Ryu no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by Judge the Clerk on 5/29/2020. (Attachments: #1 Notice of Eligibility for Video Recording)(ajsS, COURT STAFF) (Filed on 5/29/2020)
May 28, 2020 Filing 5 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ig, COURT STAFF) (Filed on 5/28/2020)
May 28, 2020 Filing 4 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by David Albert Bell.. (Shindell, Kelly) (Filed on 5/28/2020)
May 28, 2020 Filing 3 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 8/26/2020. Initial Case Management Conference set for 9/2/2020 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (cjlS, COURT STAFF) (Filed on 5/28/2020)
May 28, 2020 #Electronic filing error. Incorrect event used. [err101] The Correct Event is a Motion. This filing will not be processed by the clerks office.Please re-file in its entirety ONLY Re: #1 -2 Motion for Order to Show Cause for Expedited Hearing filed by David Albert Bell. (cjlS, COURT STAFF) (Filed on 5/28/2020)
May 27, 2020 Filing 2 Case assigned to Magistrate Judge Donna M. Ryu. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 6/10/2020. (haS, COURT STAFF) (Filed on 5/27/2020)
May 26, 2020 Filing 1 PETITION for return of children under The Hague Convention on the Civil Aspects of International Child Abduction (No process) against Wen Yi Cheuk (Filing fee $400 receipt number 0971-14504567). Filed by David Albert Bell. (Attachments: #1 Civil Cover Sheet Civil Case Cover Sheet, #2 Motion for Order to Show Cause for Expedited Hearing, #3 Brief in Support of Motion and Petition Pursuant to the Hague Convention, #4 Proposed Order)(Shindell, Kelly) (Filed on 5/26/2020) Modified on 5/28/2020 (cjlS, COURT STAFF).

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Defendant: Wen Cheuk
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Defendant: Wen Yi Cheuk
Represented By: Jill Emilie McInerney,
Represented By: Trevor Caldwell Thorpe
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Plaintiff: David Albert Bell
Represented By: Kelly J Shindell
Represented By: Richard Min
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