Dawson v. Dylla
| Clive Edward Dawson |
| Mariah Dylla and Mariah Dawson |
| 1:2021cv00283 |
| January 28, 2021 |
| US District Court for the District of Colorado |
| Gordon P Gallagher |
| R Brooke Jackson |
| Other Statutory Actions |
| 42 U.S.C. ยง 11601 |
| None |
Docket Report
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This docket was last retrieved on April 19, 2021. A more recent docket listing may be available from PACER.
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| Filing 16 WITNESS STATEMENT Regarding service of #12 MOTION to Dismiss, #11 Answer to Complaint by Defendant Mariah Dylla. (evana, ) |
| Filing 15 MINUTE ENTRY for proceedings held before Judge R. Brooke Jackson: Telephone Status Conference held on 3/23/2021. Court Reporter: Sarah Mitchell. (jdyne, ) |
Filing 14
ORDER denying #12 Motion to Dismiss. You did not comply with the Court's practice standard regarding motions to dismiss. You either should comply with the English court's custody and visitation order or retain counsel. Petitioner should also retain counsel. Litigation under the International Child Abduction Remedies Act can be complicated, and the advice of a lawyer is very important. Please note, this Court will not sit as a domestic relations court and determine what visitation is in the best interest of the child. Those orders were issued by the English court and can be modified, if appropriate, by the English Court. This Court's role under the ICARA in general is simply to order that a child who has taken to the U.S. by one parent and not returned for visitation as ordered by the foreign court must be returned to the foreign jurisdiction for such further orders as that court might enter. The best solution is to comply with the English court's orders until they are changed. by Judge R. Brooke Jackson on 3/21/21. Text Only Entry(rbj)
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| Filing 13 Conventionally Submitted Material : 1 box containing 6 binders in support of #12 MOTION to Dismiss, by Defendant Mariah Dylla. Box placed in clerk's office, oversize area A-1-2. Text Only Entry. (rvill, ) |
| Filing 12 MOTION to Dismiss Petition Memorandum of Points and Authorities in Support thereof FRCP 12(b)(1) and (6), by Defendant Mariah Dylla. (rvill, ) |
| Filing 11 ANSWER to Complaint by Mariah Dylla.(rvill, ) Modified to correct file date on 3/19/2021 (rvill, ). |
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Filing 10
ORDER granting #9 MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Petition. The extension to 3/18/2021 is granted. However, respondent may not file a Rule 12(b)(6) motion to dismiss without complying with the procedure set forth in the Court's practice standards, which requires conferral by telephone with the opposing pro se party, and submission of a letter that certifies compliance and explains why a motion to dismiss makes sense. Respondent should also be aware that the Court must assume the truth of the facts alleged in the petition for purposes of ruling on a motion to dismiss. Finally, the parties should know that it will not be the role of the federal court here to decide who should have custody or what is in the best interest of the child. Those decisions are made by the appropriate family court, presumably a court in England. This Courts role will solely be to enforce the International Child Abduction law. Unless these two parents can reach an agreement about the child, consistent with whatever was ordered by the family court in England, then they both would be well served by retaining counsel. This is not the type of case that a parent should try to handle on her or his own, and the Court cannot give legal advice to either party. A Telephonic Status Conference is set for 3/23/2021 at 10:30 AM (MDT) before Judge R. Brooke Jackson. The Court directs that the parties use dial-in number 1-888-204-5984 and enter access code 7557338# when prompted. By Judge R. Brooke Jackson on 3/4/2021. Text Only Entry(rbjsec.)
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| Filing 9 MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Petition, by Defendant Mariah Dylla. (Attachments: #1 Proposed Order (PDF Only))(evana, ) |
| Filing 8 CERTIFICATE of Service re: Service of Process upon Defendant Mariah Dylla by Clive Edward Dawson. (sphil, ) |
| Filing 7 NOTICE of Additional Service Information re #5 Letter. (sphil, ) |
| Filing 6 MEMORANDUM RETURNING CASE, by Senior Judge Lewis T. Babcock. This case is randomly returned to Judge R. Brooke Jackson for all further proceedings. All future pleadings should be designated as 21-cv-283-RBJ (angar, ) |
| Filing 5 Letter from Clerk of Court re: Service of Process of #1 Verified (28 U.S.C. 1746) PETITION Seeking Expedited Enforcement of a Foreign Parenting Order Under 22 USC 9001 et seq ('ICARA') and the 1980 Hague Abduction Convention - and Related Injunctive and Declaratory Relief Under 28 U.S.C. 2201. (Attachments: #1 Summons, #2 Magistrate Judge Consent Form, #3 Rule 4 of the Federal Rules of Civil Procedure) (trvo, ) |
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Filing 4
ORDER DRAWING CASE. The Court has determined that this case does not appear to be appropriate for review pursuant to D.C.COLO.LCivR 8.1(a). ACCORDINGLY it is ORDERED that this case shall be drawn to a district judge. This case is randomly reassigned to Judge Lewis T. Babcock for all further proceedings and drawn to Magistrate Judge Michael E. Hegarty. by Magistrate Judge Gordon P. Gallagher on 2/1/2021. (evana, ) (E-mailed and Hard copy mailed as ordered)(Modified on 2/1/2021 edited to reflect mailed as ordered) (evana, ).
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| Filing 3 Filing fee: $ 402.00, receipt number COX097911 (evana, ) |
| Filing 2 Case assigned to Magistrate Judge Gordon P. Gallagher. Text Only Entry. (trvo, ) |
| Filing 1 Verified (28 U.S.C. 1746) PETITION Seeking Expedited Enforcement of a Foreign Parenting Order Under 22 USC 9001 et seq ('ICARA') and the 1980 Hague Abduction Convention - and Related Injunctive and Declaratory Relief Under 28 U.S.C. 2201 by Plaintiff Clive Edward Dawson (Attachments: #1 Proposed Order (PDF Only), #2 Civil Cover Sheet, #3 Summons, #4 Summons, #5 Letter, #6 Envelope) (trvo, ) |
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