Aguirre v. Tillman
| Javier Aguirre |
| Rachel Tillman |
| 1:2023cv01871 |
| July 24, 2023 |
| US District Court for the District of Colorado |
| Maritza Dominguez Braswell |
| Gordon P Gallagher |
| Other Statutory Actions |
| 42 U.S.C. § 11601 Intl Child Abduction Remedies Act (ICARA) |
| None |
Docket Report
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This docket was last retrieved on September 15, 2023. A more recent docket listing may be available from PACER.
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Filing 20
MINUTE ORDER: A Scheduling Conference is SET for October 2, 2023, at 10:00 AM before Magistrate Judge Maritza Dominguez Braswell. The Conference will be conducted by video using the attached instructions. By Magistrate Judge Maritza Dominguez Braswell on 9/15/2023. Text Only Entry (mdblc1)
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| Filing 19 ANSWER to #1 Complaint, by Rachel Tillman.(Uri, Alexandra) |
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Filing 18
ORDER SETTING INITIAL CASE DEADLINES. Proposed Scheduling Order due 9/27/2023. The parties are free to modify the Court's Scheduling Order Template as necessary based on the nature of the case. By Magistrate Judge Maritza Dominguez Braswell on 9/5/2023. (evaug)
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Filing 17
ORDER. In light of the joint status report, the Court Orders as follows: (1) mother nor children shall leave the Court's jurisdiction, Colorado, without agreement in writing of the parties or further Court Order and (2) mother shall provide the children's passports to her counsel no later than September 7, 2023. Counsel for mother shall hold the children's passports until further order of the Court. The parties agree that no further preliminary injunctive relief is necessary. Respondent's response is due on September 13, 2023. Within fourteen (14) days of today, the parties SHALL contact Chambers for the referred U.S. Magistrate Judge to initiate a scheduling order conference. So Ordered by District Judge Gordon P Gallagher on 8/31/2023. Text Only Entry (schap, )
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Filing 16
ORDER REFERRING CASE to Magistrate Judge Maritza Dominguez Braswell. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other specifically-referred motions, and (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. By District Judge Gordon P Gallagher on 8/31/2023. Text Only Entry (schap, )
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| Filing 15 Joint STATUS REPORT by Petitioner Javier Aguirre. (Joseph, Anthony) |
| Filing 13 STATUS REPORT on Service of Respondent by Petitioner Javier Aguirre. (Joseph, Anthony) |
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Filing 12
ORDER. Given the nature of this action, request for the return of two children pursuant to the Hague Convention on Civil Aspects of International Child Abduction and the International Child Abduction Remedies Act, 42 U.S.C. 9001 et seq., certain matters require prompt attention. 1. It is unclear if Respondent has been served. The docket shows Counsel has entered for Respondent but is silent as to service (D. #8 ). Within two days, Petitioner SHALL file proof of service or update the Court as to the status of service upon Respondent. 2. Petitioner requests certain preliminary injunctive relief from the Court including: (1) the Court taking possession of certain travel-related documents and (2) prohibiting removal of the children from the jurisdiction of the Court. The Court would note its authority to impose provisional remedies is controlled by 22 U.S.C. 9004. 3. Petitioner requests prompt resolution of the entirety of this matter (as is contemplated by the Convention).It is therefore Ordered that within seven (7) days of service upon Respondent or of today's date, whichever is later, the Parties SHALL do the following: 1. Contact the Court's Chambers via email in Grand Junction to schedule an initial Scheduling Conference on this matter. To be clear, this is not the preliminary evidentiary hearing requested by Petitioner but is rather a scheduling hearing to determine a plan moving forward; 2. File a preliminary status report as to the various initial preliminary injunctive relief sought by Petitioner identifying which, if any, are opposed or agreed upon; and 3. File a joint proposed briefing and hearing schedule, with areas of agreement and/or disagreement noted therein. The Court notes that this matter appears related to the Front Range and thus no party will be required to travel to Grand Junction for litigation of this matter. The Court will determine whether certain hearings should be held remotely and schedule accordingly. By District Judge Gordon P Gallagher on 8/22/2023. Text Only Entry (schap, )
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| Filing 14 COURTROOM MINUTES for Status Conference held on 8/21/2023 before Magistrate Judge Maritza Dominguez Braswell: This matter shall be reassigned to a district court judge (See Minute Order at ECF No. [9)]. FTR: Courtroom 101. (evaug ) |
| Filing 11 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (athom, ) |
| Filing 10 CASE REASSIGNED pursuant to 9 Minute Order. This case is randomly reassigned to District Judge Gordon P Gallagher and drawn to Magistrate Judge Maritza Dominguez Braswell. All future pleadings should be designated as 23-cv-01871-GPG. (Text Only Entry) (athom, ) |
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Filing 9
MINUTE ORDER: In light of the discussion during the August 21, 2023, Status Conference regarding the nature of preliminary relief sought by Petitioner, the Clerk of Court is directed to have this matter reassigned to a district court judge pursuant to D.C.COLO.LCivR 40.1(c)(2)(a). The deadline for the parties to file a Magistrate Judge Consent Form is vacated at this time and may be reset at a later date. By Magistrate Judge Maritza Dominguez Braswell on 8/21/2023. Text Only Entry (mdblc1)
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| Filing 8 NOTICE of Entry of Appearance by Alexandra M. Uri on behalf of Rachel TillmanAttorney Alexandra M. Uri added to party Rachel Tillman(pty:res) (Uri, Alexandra) |
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Filing 7
ORDER SETTING STATUS CONFERENCE. Video Status Conference set for 8/21/2023 11:00 AM before Magistrate Judge Maritza Dominguez Braswell (participant instructions attached). By Magistrate Judge Maritza Dominguez Braswell on 7/27/2023. (Attachments: #1 VTC Instructions) (evaug )
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| Filing 6 NOTICE of Entry of Appearance by Erin E. Masters on behalf of Javier AguirreAttorney Erin E. Masters added to party Javier Aguirre(pty:pet) (Masters, Erin) |
| Filing 5 NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #4 Notice of Entry of Appearance filed by attorney Erin E. Masters. The s/ signature is missing from the signature block. Pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(d) of the Electronic Case Filing Procedures (Civil Cases), Erin E. Masters must re-file the above referenced document which must contain her s/ signature. (Text Only Entry) (athom, ) |
| Filing 4 NOTICE of Entry of Appearance by Erin E. Masters on behalf of Javier AguirreAttorney Erin E. Masters added to party Javier Aguirre(pty:pet) (Masters, Erin) |
| Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (efoga, ) |
| Filing 2 Case assigned to Magistrate Judge Maritza Dominguez Braswell. Text Only Entry (efoga, ) |
| Filing 1 COMPLAINT against Rachel Tillman (Filing fee $ 402,Receipt Number ACODC-9211601)Attorney Anthony G. Joseph added to party Javier Aguirre(pty:pla), filed by Javier Aguirre. (Attachments: #1 Civil Cover Sheet Cover Sheet, #2 Summons Summons, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C)(Joseph, Anthony) |
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| Petitioner: Javier Aguirre | |
| Represented By: | Erin E. Masters |
| Represented By: | Anthony G. Joseph |
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| Respondent: Rachel Tillman | |
| Represented By: | Alexandra M. Uri |
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