Rondona v. Sanchez
Petitioner: Pablo Terrones Rondona
Respondent: Cinthia Milagros Tanaka Sanchez
Case Number: 3:2021cv00898
Filed: June 30, 2021
Court: US District Court for the District of Connecticut
Office: New Haven Office
Presiding Judge: Michael P Shea
Nature of Suit: Other Statutory Actions
Cause of Action: International Child Abduction Remedies Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 26, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 26, 2021 Filing 85 NOTICE of Appearance by Mark A. Shiffrin on behalf of Pablo Terrones Rondona (Carr, Dave)
August 9, 2021 Filing 84 Appearance Self Represented Party by Pablo Terrones Rondona (Attachments: #1 Envelope) (Peterson, M)
July 21, 2021 Filing 83 NOTICE of Appearance by Ismael Hernandez on behalf of Cinthia Milagros Tanaka Sanchez (Attachments: #1 Envelope) (Peterson, M)
July 6, 2021 Opinion or Order Filing 82 ORDER: Neither party has filed an appearance either by an attorney or a pro se appearance in this matter with the Court. As a result, neither party will receive orders and notices from the Court. The Clerk shall mail to each party a copy of the pro se appearance form together with a copy of this order. The parties can also refer to the Court's website http://www.ctd.uscourts.gov/forms/all-forms/prose_forms and click on the Guide for Self Represented Litigants. Parties are advised not to contact chambers ex parte, that is, without the other party on the line. Requests and inquiries to the Court should be made in writing by motion (not by calling chambers or letters to chambers or to the Clerk's office) in compliance with the Local and Federal Civil Rules of Federal Procedure and must be served on all parties to the litigation. The Clerk of the Court shall mail a copy of this order to: Elliot H. Gourvitz, Esq., Gourvitz & Gourvitz, LLC, 505 Morris Avenue, Suite 102, Springfield, New Jersey 07081 and to Cinthia Milagros Tanaka Sanchez, 70 Standish Road, Apt. 4, Stamford, CT 06902. Signed by Judge Michael P. Shea on 7/6/21. (Constantine, A.)
June 30, 2021 Filing 81 Notice to counsel in transferred case. Signed by Clerk on 6/30/2021. (Agati, Kathryn)
June 30, 2021 Filing 80 NOTICE: ANY MOTIONS PENDING AT THE TIME OF TRANSFER MUST BE REFILED IN OUR DISTRICT. Signed by Clerk on 6/30/2021. (Agati, Kathryn)
June 30, 2021 Filing 79 NOTICE TO COUNSEL NOT ADMITTED TO THE BAR OF THE US DISTRICT COURT OF CONNECTICUT Re: Local Rule 83.1 Admission of Attorneys. The above captioned case has been received and filed in our court. Please see our Local Rule 83.1 regarding Admission of Attorneys that is available on our website at www.ctd.uscourts.gov. You will not be added to the case, nor will we accept further filings until you have complied with Local Rule 83.1. If you have any questions about this procedure, please contact the Clerk's Office. Signed by Clerk on 6/30/2021.(Agati, Kathryn)
June 30, 2021 Opinion or Order Filing 78 ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Michael P. Shea on 6/30/2021. (Agati, Kathryn)
June 30, 2021 Opinion or Order Filing 77 STANDING PROTECTIVE ORDER. Signed by Judge Michael P. Shea on 6/30/2021. (Agati, Kathryn)
June 30, 2021 Opinion or Order Filing 76 Order on Pretrial Deadlines: Amended Pleadings due by 8/29/2021, Discovery due by 12/30/2021, Dispositive Motions due by 2/3/2022. Signed by Clerk on 6/30/2021. (Agati, Kathryn)
June 30, 2021 Filing 75 Case electronically transferred in from District of New York Southern; Case Number 7:21-cv-04533.
June 29, 2021 Opinion or Order Filing 74 ORDER granting #65 Motion to Change Venue. Therefore, pursuant to 28 U.S.C. 1404(a) and 1406(a), it is hereby ORDERED that this case be transferred forthwith to the United States District Court for the District of Connecticut. The Clerk of Court is respectfully directed to terminate the pending motion, (Doc. 65), and the case to the District of Connecticut. The waiting period of Local Rule 83.1 is waived. The Clerk of Court is in possession of the passports and travel documents of Respondent and the child, and is respectfully directed to convey them to the Clerk of Court of the District of Connecticut by certified mail, return receipt requested. (Signed by Judge Cathy Seibel on 6/29/2021) (tro)
June 29, 2021 CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of District of Connecticut, except for following documents: the passports and travel documents of Respondent which were sent via Certified mail number 70190700000113177620 on 6/30/2021 to the District of CT, Bridgeport division at the Brian McMahon Federal Building, United States District Court, 915 Lafayette Blvd., Bridgeport, CT 06604. (tro)
June 28, 2021 Filing 73 RESPONDENT'S MEMORANDUM OF LAW OPPOSING PETITIONER'S MOTION IN LIMINE TO PRECLUDE RESPONDENT FROM INTRODUCING ANY DOCUMENTARY EVIDENCE/EXHIBITS AND TO PRECLUDE RESPONDENT'S WITNESS,ORLANDO CESAR ARIAS SOTO, FROM TESTIFYING re: #68 MOTION in Limine to Preclude Expert Witnesses and Documentary Evidence at the time of trial. Document filed by Cinthia Milagros Tanaka Sanchez. (sc)
June 28, 2021 Filing 72 LETTER addressed to Judge Cathy Seibel from ARI H GOURVITZ dated 06/28/2021 re: request for settlement conference if the court permits. Document filed by Pablo Terrones Rondona..(Gourvitz, Ari)
June 28, 2021 Filing 71 LETTER addressed to Judge Cathy Seibel from Elliot H Gourvitz, Esq dated 06/28/2021 re: LETTER PURSUANT TO COURTS REVISED SCHEDULING ORDER (ECF DOC. 32) PARAGRAPH 16 AS MODIFIED BY MEMO ENDORSEMENT (ECF DOC. 50). Document filed by Pablo Terrones Rondona..(Gourvitz, Ari)
June 28, 2021 Filing 70 LETTER addressed to Judge Cathy Seibel from Elliot H Gourvitz, Esq dated 06/28/2021 re: correction of docket entries. Document filed by Pablo Terrones Rondona..(Gourvitz, Ari)
June 28, 2021 Filing 69 MEMORANDUM OF LAW in Support re: #68 MOTION in Limine to Preclude Expert Witnesses and Documentary Evidence at the time of trial. . Document filed by Pablo Terrones Rondona. (Attachments: #1 Exhibit A(documents received from Respondent), #2 Exhibit B(purported interrogatory answer)).(Gourvitz, Ari)
June 28, 2021 Filing 68 MOTION in Limine to Preclude Expert Witnesses and Documentary Evidence at the time of trial. Document filed by Pablo Terrones Rondona. (Attachments: #1 Text of Proposed Order).(Gourvitz, Ari)
June 28, 2021 Filing 67 RESPONDENT'S EXPERT (RULE 26) EXPERT WITNESS DISCLOSURE.Document filed by Cinthia Milagros Tanaka Sanchez.(sc) Modified on 6/28/2021 (sc).
June 28, 2021 Filing 66 RESPONDENT'S (RULE 26) WITNESS DISCLOSURE.Document filed by Cinthia Milagros Tanaka Sanchez.(sc)
June 25, 2021 Filing 65 MOTION FOR CHANGE OF VENUE. Document filed by Cinthia Milagros Tanaka Sanchez.(sc) Modified on 6/28/2021 (sc).
June 25, 2021 Opinion or Order Filing 64 ORDER re: #63 Letter filed by Pablo Terrones Rondona: The Court was given (203) 407 0831 as Michael Hernandezs cellphone number, and (203) 287 0170 as Efrain Hernandez's cellphone number. At this point, however, Respondent remains pro se as far as the Court is concerned. Interpreter Julieth Roca has also contacted chambers on behalf of Respondent (essentially to check the dates/rulings set at yesterday's conference). Her number is (203)898 3338. Respondent and her representatives are directed to stop calling chambers on substantive matters. When they do so, it obligates the Court to advise Petitioner of the fact and content of the calls. Should any party need to communicate on substantive matters outside of a conference or proceeding, it shall do so only in writing, copied to the other side, absent the most extraordinary of circumstances. My chambers shall send a copy of this text order to Respondent and Mr. Michael Hernandez. (HEREBY ORDERED by Judge Cathy Seibel) (Text Only Order) (Seibel, Cathy)
June 25, 2021 Filing 63 LETTER addressed to Judge Cathy Seibel from ARI H GOURVITZ dated 06/25/21 re: response to extension of time for Mr. Hernandez. Document filed by Pablo Terrones Rondona..(Gourvitz, Ari)
June 25, 2021 Opinion or Order Filing 62 ORDER: This morning, after I issued my Order to Show Cause, (Doc. 58), my chambers received a call from an individual identifying himself as Efrain Hernandez, the brother of Michael Hernandez, Esq. Efrain Hernandez stated that at an unspecified time after yesterdays conference, Michael Hernandez experienced chest pains and went to the hospital, where he remained until 4 am this morning. Michael Hernandez time to respond to the Order to Show Cause, (Doc. 58), is extended to June 28, 2021 at 5 pm. Documentation of his hospitalization, which I expect will be included in his response, may be redacted to remove personal information. In the meantime, Respondent remains pro se and is required to meet all deadlines set at during the telephone conference yesterday. My chambers will email a copy of this text order to Respondent and Mr. Hernandez. (HEREBY ORDERED by Judge Cathy Seibel) (Text Only Order) (Seibel, Cathy)
June 25, 2021 Filing 61 Exhibit List of Petitioner for Trial. Document filed by Pablo Terrones Rondona..(Gourvitz, Ari)
June 25, 2021 Filing 60 WITNESS LIST. Document filed by Pablo Terrones Rondona..(Gourvitz, Ari)
June 25, 2021 Filing 59 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Pablo Terrones Rondona..(Gourvitz, Ari)
June 25, 2021 Opinion or Order Filing 58 ORDER; Yesterday I permitted Michael Hernandez, Esq. to appear at a telephone conference on behalf of Respondent, upon his promise and representation that he would file a Notice of Appearance the same day. He has not done so. Michael Hernandez, Esq. is ORDERED to SHOW CAUSE in writing, no later than 2 pm today, why he has not done so and why he should not be sanctioned for his failure to abide by his representation to the Court. He is further ORDERED to file a Notice of Appearance immediately upon receipt of this text order, which my chambers will send by email to Mr. Hernandez and to Respondent. (HEREBY ORDERED by Judge Cathy Seibel) (Text Only Order) (Seibel, Cathy)
June 24, 2021 Minute Entry for proceedings held before Judge Cathy Seibel: Discovery Hearing held on 6/24/2021. Petitioner's counsel(s) Ari Gourvitz, Esq. and Elliot Gourvitz, Esq. appear telephonically. Respondent Cinthia Milagros Tanaka Sanchez appears telephonically. Interpreter Julieth Roca appears telephonically. Counsel Michael Hernandez, Esq. appears telephonically. Law Clerk Jennifer Butwin appears telephonically. The Court allows counsel Michael Hernandez, Esq. to represent Respondent Cinthia Milagros Tanaka Sanchez for this proceeding on the representation that Mr. Hernandez files a Notice of Appearance today (June 25, 2021). For the reasons stated on the record, the Court DENIES Petitioner's Motion for Summary Judgment. The Court directs Respondent's counsel (Michael Hernandez, Esq.) to provide witness names, documents, and exhibits to Petitioner's counsel(s) with regard to the jurisdiction matter by 5:00 p.m. on June 26, 2021. The Court also directs Respondent's counsel to review responses to interrogatories, respond to Petitioner's requests for production, and turn over any exhibits to be used during the July 1, 2021 hearing as well as Rule 26 disclosures to Petitioner's counsel(s) by June 28, 2021 at 9:00 a.m. Proposed Findings of Fact and Conclusions of Law to be submitted by June 29, 2021 (previously due June 28, 2021). Motion(s) in Limine to be submitted by 12:00 p.m. on June 28, 2021; opposition due by 12:00 p.m. on June 30, 2021. The Court directs the parties to submit hard copies of exhibit and witness lists, copies of exhibits, and declarations to chambers in advance of the July 1, 2021 hearing. The July 1, 2021 hearing will be held via video. See transcript. Motion(s) terminated: #42 MOTION for Summary Judgment filed by Pablo Terrones Rondona. (Court Reporter Christina Arends-Dieck) (wc)
June 22, 2021 Filing 57 LETTER addressed to Judge Cathy Seibel from Elliot H Gourvitz, Esq dated 06/22/21 re: Request for granting summary judgment and transcript citations. Document filed by Pablo Terrones Rondona. (Attachments: #1 Exhibit Transcript of Respondent's Deposition).(Gourvitz, Ari)
June 22, 2021 Filing 56 REPLY re: #53 Response to Petition (Other), . Document filed by Pablo Terrones Rondona..(Gourvitz, Ari)
June 21, 2021 Opinion or Order Filing 55 MEMO ENDORSEMENT on re: #54 Letter filed by Pablo Terrones Rondona. ENDORSEMENT: The Clerk of Court is respectfully directed to correct the docket text for Doc. 52 to reflect that the document was filed by Respondent, not Petitioner. Telephonic discovery conference to be held on 6/24/21 at 10 am. Respondent is reminded that she is to supply her own interpreter. SO ORDERED. (Telephone Conference set for 6/24/2021 at 10:00 AM before Judge Cathy Seibel.) (Signed by Judge Cathy Seibel on 6/21/2021) (mml)
June 21, 2021 Filing 54 LETTER addressed to Judge Cathy Seibel from ARI H GOURVITZ dated 06/21/21 re: Incorrect Docketing and Discovery Issues/Dispute. Document filed by Pablo Terrones Rondona..(Gourvitz, Ari)
June 18, 2021 Filing 53 REVISED ANSWER(Response) TO PETITION / MOTION TO CHANGE VENUE, SUPPORTING MEMORANDUM re: to #1 Petition (Other). Document filed by Cinthia Milagros Tanaka Sanchez. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(sc)
June 17, 2021 Filing 52 INTERROGATORIES OF PETITIONER, PABLO TERRONES RONDONA TO BE ANSWERED BY RESPONDENT, CINTHIA MILAGROS TANAKA SANCHEZ. Document filed by Cinthia Milagros Tanaka Sanchez. (sc) Modified on 6/21/2021 (mml).
June 17, 2021 Opinion or Order Filing 51 MEMO ENDORSEMENT re: #50 Letter filed by Pablo Terrones Rondona. ENDORSEMENT: Paragraph 14 of the 5/26/21 Scheduling Order, (Doc. 14), is hereby vacated. Paragraph 15 of that Order is modified to provide that each side shall advise the other in writing, and shall include the basis for the objection (e.g., relevance, hearsay, authentication, etc.). Paragraph 16 is modified to provide that each side shall provide its own letter, rather than a joint letter. The Court made Petitioner's counsel responsible for making the technical arrangements mostly because Respondent is pro se. I have not made a decision as to who will be responsible for the cost. If Petitioner prevails I assume he will include the tech costs as part of an application for "necessary expenses." If he does not, I may well have the parties share the cost. On that subject, the lawyer that Respondent said she intended to retain has not appeared. I have no indication that Respondent is indigent, but if she is, and she completes a financial affidavit, I can inquire whether a volunteer lawyer might be willing to represent her. If she wishes to pursue this possibility, she can contact Mr. Clark for a copy of the financial affidavit form. My chambers will email a copy of this endorsement to Respondent. (Signed by Judge Cathy Seibel on 6/17/2021) (nb)
June 17, 2021 Filing 50 LETTER addressed to Judge Cathy Seibel from Elliot H Gourvitz, Esq dated 06/17/2021 re: Scheduling Order. Document filed by Pablo Terrones Rondona..(Gourvitz, Ari)
June 16, 2021 Opinion or Order Filing 49 ORDER: The parties shall each submit proposed findings of fact and conclusions of law no later than 12 noon on July 28, 2021. My chambers will send a copy of this text order to Respondent. (HEREBY ORDERED by Judge Cathy Seibel) (Text Only Order) (Seibel, Cathy)
June 15, 2021 Filing 48 REPLY re: #1 Petition (Other),, #36 Response to Petition (Other) Petitioner's Verified Reply to Answer. Document filed by Pablo Terrones Rondona. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit).(Gourvitz, Ari)
June 15, 2021 Opinion or Order Filing 47 MEMO ENDORSEMENT on re: #45 Letter, filed by Cinthia Milagros Tanaka Sanchez. ENDORSEMENT: I assume Respondent also wants to testify herself. It appears that the bulk of the witnesses will be testifying from Peru. I assume Petitioner's counsel want a remote hearing because of the reasons they have previously articulated about not coming to the courthouse during the pandemic. Accordingly, the Court will conduct the hearing remotely. Petitioner's counsel will be responsible for the arrangements, including the retention of a vendor such as Trial Graphix or Impact who can ensure there will be no technical difficulties, that witnesses will be able to see documents, etc. Petitioner should advise Respondent as to who Petitioner will be calling so that Respondent can her witnesses ready when Petitioner rests. The parties shall each supply their own interpreters, and shall also supply separate interpreters for their witnesses. My chambers will send a copy of this endorsement to Respondent, who is encouraged to sign up for electronic notifications. (Information is available on the Pro Se tab of the Court's website.) SO ORDERED. (Signed by Judge Cathy Seibel on 6/15/2021) (mml)
June 15, 2021 Filing 46 DECLARATION of Peruvian Attorney PEDRO E. CABELLO NARVAEZ Rebuttal Declaration of Foreign Law in Support of Petition for Return of Child in Support re: #1 Petition (Other),, #42 MOTION for Summary Judgment .. Document filed by Pablo Terrones Rondona..(Gourvitz, Ari)
June 14, 2021 Filing 45 LETTER addressed to Judge Cathy Seibel from Cinthia Sanchez, dated 6/14/21 re: I would like to present the following expert witnesses for my case: 1.) Orlando Arias, Peruvian Attorney; 2.) German Velasquez Peruvian Attorney; and 3.) Carmen Larraid, Fiscal. Document filed by Cinthia Milagros Tanaka Sanchez.(sc)
June 14, 2021 Filing 44 DECLARATION of Petitioner in Support re: #42 MOTION for Summary Judgment .. Document filed by Pablo Terrones Rondona..(Gourvitz, Ari)
June 14, 2021 Filing 43 MEMORANDUM OF LAW in Support re: #42 MOTION for Summary Judgment . . Document filed by Pablo Terrones Rondona..(Gourvitz, Ari)
June 14, 2021 Filing 42 MOTION for Summary Judgment . Document filed by Pablo Terrones Rondona..(Gourvitz, Ari)
June 14, 2021 Filing 41 DECLARATION of Petitioner's Peruvian Attorney-Pedro Raul Goozman Molina . Document filed by Pablo Terrones Rondona..(Gourvitz, Ari)
June 14, 2021 Filing 40 LETTER addressed to Judge Cathy Seibel from Elliot H Gourvitz, Esq dated 06/14/2021 re: Letter in response to Respondent's letter (doc 38). Document filed by Pablo Terrones Rondona..(Gourvitz, Ari)
June 14, 2021 Filing 39 LETTER addressed to Judge Cathy Seibel from Elliot H Gourvitz, Esq dated 06/14/2021 re: Respondent's Passport being held by Court. Document filed by Pablo Terrones Rondona..(Gourvitz, Ari)
June 14, 2021 Filing 38 LETTER addressed to Judge Cathy Seibel from Cinthia Sanchez, dated 6/11/21 re: I would like to request that the Petitioner provide the following documents/interrogatories: 1. An original Transcript/Copy of the Whatapp conversation between the petitione and the respondent; 2. The Original E-mail from Attorney Orlando Arias to Attorney Pedro Guzman; 3. I would like to interrogate the Petitioner on 6/21/21 at 10:00 AM. In light that the United States is a party to the Hague Apostille Convention since 1980, which abolished the requirement of an apostille to provide truth to the documents produced etc., it is requested that all parties should cooperate to a quick resolution to the case and in accepting these copies as true it would expedite the process. Document filed by Cinthia Milagros Tanaka Sanchez. (Attachments: #1 Exhibit)(sc)
June 10, 2021 Opinion or Order Filing 37 MEMO ENDORSEMENT on re: #33 Letter filed by Pablo Terrones Rondona. ENDORSEMENT: I will accept Respondent's answer. As is apparent from the email she sent to my courtroom deputy and Petitioner's counsel at 9:29 am today, she attempted to email her Answer at 8:54 am but it bounced back, because she had a typo in the Court's chambers email address and left out a word in the email address to which pro se submissions are to be submitted. I am not going to default her based on mistakes like that, when she finished the Answer timely. My chambers will email this Order to Respondent. SO ORDERED. (Signed by Judge Cathy Seibel on 6/10/2021) (mml)
June 10, 2021 Filing 36 ANSWER(Response) TO PETITION/ MOTION TO STAY, re: #1 Petition (Other). Document filed by Cinthia Milagros Tanaka Sanchez. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(sc)
June 10, 2021 Filing 35 LETTER addressed to Judge Cathy Seibel from Cinthia M. Tanaka Sanchez, dated 6/4/21 re: In good faith and as ordered by the Court, I appeared for today's interrogation with Attorney Elliot Gourbvitz etc. Attorney Hernandez is working on this case and will submit an appearance in the meantime. I wish to request for a week extension to 6/11/21 so that I am comfortable looking over the file since I have spent an absorbitant amount of time searching for counsel, going to meeting and being a mother. Document filed by Cinthia Milagros Tanaka Sanchez.(sc)
June 10, 2021 Filing 34 LETTER addressed to Judge Cathy Seibel from Cinthia Sanchez, dated 6/10/21 re: I am trying to comply with the Court and, as stated in the Convention, the copies provided are all in good faith and should be accepted as such unless opposing counsel can show cause as to why not to receive them etc. I also ask that opposing counsel be advised to refrain from hearsay and focus on the arguments at hand which, according to Peruvian Law, his client's allegations have no merit as he has no parental rights. I look forward to tomorrow's interrogation appointment at 10:00 a.m. Document filed by Cinthia Milagros Tanaka Sanchez.(sc)
June 10, 2021 Filing 33 LETTER addressed to Judge Cathy Seibel from Elliot H Gourvitz, Esq dated 06/10/2021 re: Default and Letter Received from Petitioner's Peruvian attorney. Document filed by Pablo Terrones Rondona..(Gourvitz, Ari)
June 8, 2021 Set/Reset Deadlines: Deposition due by 6/30/2021. (mml)
June 8, 2021 Opinion or Order Filing 32 REVISED SCHEDULING ORDER: IT IS HEREBY: 1. ORDERED, that Respondent shall provide an Answer to the Verified Petition no later than 9:00 a.m. on June 10, 2021 and Petitioner may reply by June 16, 2021; and it is further 2. ORDERED, that the deadline for both parties' disclosures of any declarations of foreign law in accordance with Article 14 of the Hague Convention shall be June 14, 2021; and it is further 3. ORDERED, that the deadline for both parties' disclosures of any rebuttal declarations of foreign law in accordance with Article 14 of the Hague Convention shall be June 18, 2021; and it is further 4. ORDERED, that any proposed expert shall be disclosed to the other party by June 14, 2021; and it is further 5. ORDERED, that if either party intends to designate any expert, they shall do so on or before June 15, 2021, in accordance with Federal Rule of Civil Procedure 26, and answer any discovery requests propounded with respect to experts; and it is further 6. ORDERED, that if either party intends to serve interrogatories or a request for documents, each shall do so by June 11, 2021; and it is further 7. ORDERED, that each party shall answer any discovery requests including production of documents by June 17, 2021; and it is further 8. ORDERED, that any rebuttal experts shall be designated on or before June 22, 2021, in accordance with Federal Rule of Civil Procedure 26; and it is further 9. ORDERED, that Respondent's deposition shall occur on June 11, 2021, at a time to be set by Petitioners counsel, and that if Respondent intends to notice a deposition of Petitioner, she shall do so on or before June 11, 2021, and any such deposition of Respondent shall occur before June 18, 2021, and both depositions can be by way of telephone or video; and it is further 10. ORDERED, that if either party intends to notice a deposition of any expert, they shall do so on or before June 18, 2021, and that any such deposition shall occur before June 25, 2021, and can be by way of telephone or video; and it is further 11. ORDERED, that if either party intends to notice a deposition of any rebuttal expert, they shall do so on or before June 25, 2021, and that any such deposition shall occur on or before June 30, 2021, as further set forth. 18. ORDERED, that Respondent shall pay one-half of the $275 cost of the court reporter for her deposition on June 4, 2021, at which she failed to participate, such payment to be made no later than June 15, 2021, payable to the reporting service as designated by Petitioner's counsel no later than June 11, 2021; and it is further 19. ORDERED, that any motion for summary judgment shall be filed by June 14, 2021, with opposition to be filed by June 21, 2021, and reply to be filed by June 24, 2021; and it is further 20. ORDERED, that this Order makes no determination as to the merits of the Petition for Return, and shall continue in force and effect until modified or cancelled by this Court. My chambers will send a copy of this Order to Respondent by email. SO ORDERED. Motions due by 6/14/2021. Responses due by 6/21/2021 Replies due by 6/24/2021. Deposition due by 6/30/2021. (Signed by Judge Cathy Seibel on 6/8/2021) (mml) Modified on 6/14/2021 (mml).
June 8, 2021 Set/Reset Deadlines: Cinthia Milagros Tanaka Sanchez answer due 6/10/2021. (mml)
June 8, 2021 Minute Entry for proceedings held before Judge Cathy Seibel: Status Conference held on 6/8/2021. Petitioner's counsel(s) Elliot Gourvitz, Esq. and Ari Gourvitz, Esq. appear via video on Microsoft Teams platform. Respondent Cinthia Milagros Tanaka Sanchez appears via video on Microsoft Teams platform. Interpreter Juliet Roca appears via video on Microsoft Teams platform. Law Clerk Jennifer Butwin appears via video on Microsoft Teams platform. Interpreter (Juliet Roca) sworn. The Court addresses various issues with the parties and hears parties' positions. The Court directs Respondent to pay half of the previously scheduled deposition in the amount of $137.50 (Petitioner's counsel will provide information for whom payment should be made to). The Court ORDERS that the Respondent submit an Answer (complete with any exhibits) by 9:00 a.m. on June 10, 2021, or else the Court will only consider Petitioner's papers. The Court also directs Respondent to attend deposition on June 11, 2021 during the time that is arranged by Petitioner's counsel, or else she will not be able to testify at the hearing. The Court extends some of the deadlines within the Scheduling Order. The Court will issue a revised Scheduling Order which include the extensions as stated on the record. Petitioner's Motion for Summary Judgment to be submitted by June 14, 2021; Respondent's opposition due June 21, 2021; Petitioner's reply due June 24, 2021. The Court will hold an Evidentiary Hearing (if Petitioner's Motion is not granted) as to jurisdiction and merits of the case on July 1, 2021 at 9:00 a.m. There will be NO MORE EXTENSIONS as to the Scheduling Order if Respondent does not comply. See transcript. (Evidentiary Hearing set for 7/1/2021 at 09:00 AM before Judge Cathy Seibel). (Court Reporter Tabitha Dente) (wc)
June 7, 2021 Filing 31 DECLARATION of Pedro Raul Goozman Molina of Peruvian Law. Document filed by Pablo Terrones Rondona..(Gourvitz, Ari)
June 5, 2021 Opinion or Order Filing 28 ORDER re: #27 Letter, filed by Pablo Terrones Rondona: In light of Petitioner's counsel's health concerns, the proceeding on Tuesday at 9:30 am will be virtual. Mr. Clark will send a Teams link. (That said, the risk of a vaccinated person transmitting the corona virus to an unvaccinated person is minimal, and the Court has taken strong precautions in terms of masking and social distancing in the building.) My chambers will forward this text order to Petitioner. (The record should also reflect that two orders signed yesterday are not yet docketed but were emailed to both sides.) (HEREBY ORDERED by Judge Cathy Seibel) (Text Only Order) (Seibel, Cathy)
June 5, 2021 Filing 27 LETTER addressed to Judge Cathy Seibel from ARI H GOURVITZ dated 06/05/2021 re: Appearance on June 8, 2021 and Court's request for documents to be forwarded from Respondent. Document filed by Pablo Terrones Rondona. (Attachments: #1 Exhibit Respondent's supposed response to petition, #2 Exhibit Respondents letter regarding depositions).(Gourvitz, Ari)
June 4, 2021 Opinion or Order Filing 30 MEMO ENDORSEMENT on re: #24 Letter, filed by Pablo Terrones Rondona. ENDORSEMENT: This letter refers to an Answer and to a letter from Respondent. The Court has not yet received either item. If Petitioner can forward them to the Court, that would be helpful. SO ORDERED. (Signed by Judge Cathy Seibel on 6/4/2021) (mml)
June 4, 2021 Opinion or Order Filing 29 MEMO ENDORSEMENT on re: #26 Letter filed by Pablo Terrones Rondona. ENDORSEMENT: Mr. Elliot Gourvitz may attend by phone (and should contact Mr. Clark regarding the arrangements), but Mr. Ari Gourvitz (or another member of their firm who is up to speed on the case) and Respondent shall attend in person. While the firm may be "out of state," it is only about 45-50 miles from White Plains, and the purpose of the conference is to address the issues raised by Petitioner. SO ORDERED. (Signed by Judge Cathy Seibel on 6/4/2021) (mml)
June 4, 2021 Filing 26 LETTER addressed to Judge Cathy Seibel from Elliot H Gourvitz, Esq dated 06/04/2021 re: Request for Appearance on Monday VIA Alternate means. Document filed by Pablo Terrones Rondona..(Gourvitz, Elliot)
June 4, 2021 Filing 25 NOTICE OF COURT CONFERENCE: A Status Conference is scheduled for June 8, 2021 at 9:30 a.m. before the Honorable Cathy Seibel at the Charles L. Brieant United States District Courthouse, 300 Quarropas Street, White Plains, New York 10601 in Courtroom 621. Status Conference set for 6/8/2021 at 09:30 AM in Courtroom 621, 300 Quarropas Street, White Plains, NY 10601 before Judge Cathy Seibel. (mml)
June 4, 2021 Filing 24 LETTER addressed to Judge Cathy Seibel from ARI H GOURVITZ dated 06/04/2021 re: Respondent's supposed answer, failure to attend depositions, and respondent's admissions for summary judgment. Document filed by Pablo Terrones Rondona. (Attachments: #1 Exhibit Email From stenographer).(Gourvitz, Ari)
June 1, 2021 Opinion or Order Filing 23 ORDER re: #21 Memo Endorsement, Set Deadlines/Hearings, #15 Memo Endorsement. The attached email was received by my courtroom deputy today. Respondent is advised that, absent extraordinary circumstances, all communications to the Court must also be sent to counsel for Petitioner by the same means and at the same time. Respondent is furiher advised that she may not email chambers. The chambers email box is only for copies of documents filed on the Court's Electronic Case Filing system. Communications with the Court must be by letter or by formal pleading or motion, and unrepresented parties such as Respondent may deliver them to the Court house, send them by postal mail, or email them to Temporary Pro Se Filing@nysd.uscourts.gov. More information is available on the Pro Se section of the Court's website. Petitioner's counsel is advised that the Court was contacted by a Todd Sharrin, Esq., who was out of town but considering taking Respondent's case pro bono. He stated that he would not be able to speak to Respondent and file anything until June 2 at the earliest. The Court extends to June 3, 2021 the deadline for Respondent to: 1) answer the Petition; 2) comply with my Order of May 27, 2021 (Doc. 15); and 3) comply with my Order of May 28, 2021 (Doc. 21). Respondent is advised that if she does not have counsel who can handle the above responsibilities by June 3, she will have to comply with those requirements herself. Respondent is also encouraged to sign up to receive electronic notifications from the Court. Information and the necessary form are available on the Court's website. In the meantime, my courtroom deputy will email this Order to Respondent. SO ORDERED. Cinthia Milagros Tanaka Sanchez answer due 6/3/2021. (Signed by Judge Cathy Seibel on 6/1/2021) (kv)
June 1, 2021 Filing 22 LETTER addressed to Judge Cathy Seibel from Elliot H Gourvitz, Esq dated 06/01/2021 re: Doc. 21 requesting opinion as to proper District. Document filed by Pablo Terrones Rondona. (Attachments: #1 Exhibit A (letter from US State Department for purposes of Service of process, #2 Exhibit B(Letters from US State Department seeking voluntary return, #3 Exhibit C(certifications of translation)).(Gourvitz, Ari)
May 28, 2021 Opinion or Order Filing 21 MEMO ENDORSEMENT: on re: #19 Letter filed by Pablo Terrones Rondona. ENDORSEMENT: Respondent is ordered not to remove the child from the current address in Stamford without permission of the Court. The parties are ordered to state their views, by 6/1/21, on whether this case ought to be transferred to the District of Connecticut or remain here. The parties should provide any information they have about where the child was residing at the time the Petition was filed on May 20, 2021. The Clerk of Court is respectfully directed to enter Respondent's contact information, from the attached email, on the docket. In Respondent's email Respondent wrote "dpto 4" instead of "apartment 4." The Clerk should use "apartment 4" when entering Respondent's contact information. SO ORDERED. (Signed by Judge Cathy Seibel on 5/28/2021) (ama)
May 28, 2021 Opinion or Order Filing 20 MEMO ENDORSEMENT on re: #18 Letter filed by Pablo Terrones Rondona. ENDORSEMENT: The Clerk of Court is respectfully directed to strike Doc. 17 from the docket. SO ORDERED. (Signed by Judge Cathy Seibel on 5/28/2021) (mml)
May 28, 2021 Filing 19 LETTER addressed to Judge Cathy Seibel from Elliot H Gourvitz, Esq dated 05/28/21 re: Corrected letter regarding respondent's contact details. Document filed by Pablo Terrones Rondona..(Gourvitz, Ari)
May 28, 2021 Filing 18 LETTER addressed to Judge Cathy Seibel from ARI H GOURVITZ dated 05/28/21 re: Request to remove docket entry 17 as it was done in error. Document filed by Pablo Terrones Rondona..(Gourvitz, Ari)
May 28, 2021 Filing 17 ***STRICKEN DOCUMENT. Document number #17 has been stricken from the case record. The document was stricken from this case pursuant to #20 Order. LETTER addressed to Judge Cathy Seibel from Elliot H Gourvitz, Esq dated 05/28/21 re: Respondent's email with contact details. Document filed by Pablo Terrones Rondona..(Gourvitz, Ari) Modified on 5/28/2021 (mml).
May 27, 2021 Filing 16 LETTER addressed to Judge Cathy Seibel from Elliot H Gourvitz, Esq dated 05/27/2021 re: Video Parenting Time and Text Messages Between the Parties After Alleged Complaint. Document filed by Pablo Terrones Rondona. (Attachments: #1 Exhibit Translated Text Messages (WhatsApp) after alleged Complaint against Petitioner between the parties, #2 Exhibit Original (Spanish) Text Messages(WhatsApp) after alleged Complaint against Petitioner between the parties).(Gourvitz, Ari)
May 27, 2021 Opinion or Order Filing 15 MEMO ENDORSEMENT on re: #13 Letter filed by Pablo Terrones Rondona. ENDORSEMENT: The passports were deposited with the Clerk of Court as directed. As for the attached Spanish-language document, originally provided by Respondent, I need more information. I cannot tell for sure if it is a court order or an application for one, although it seems more like the former, nor do I have any basis on which to determine if it is authentic or current. Taking it at face value, it appears that the basis for the no-contact order is "immodesty." I do not see how a video chat between the child and her father, in the presence of her mother, presents any risk of harm, but I do not want to enter an order that contradicts a valid order of a court in Peru. So Respondent is directed to supply further information from which I could determine that the document is an authentic order of a Peruvian court and remains in force and effect. She shall do so no later than June 2, 2021. Petitioner may also supply any further information he is able to obtain. SO ORDERED. (Signed by Judge Cathy Seibel on 5/27/2021) (mml)
May 26, 2021 Opinion or Order Filing 14 SCHEDULING ORDER:This Court having had a Case Management Conference on May 25, 2021, and having not yet scheduled an evidentiary hearing, and further having ordered that Counsel submit a proposed Scheduling Order to which Respondent consented on the record, and pursuant to the 1980 Convention on the Civil Aspects of International Child Abduction (the "Hague Convention"), the International Child Abduction Remedies Act ("ICARA"), the Federal Rules of Civil Procedure, and this Court's Local Rules, IT IS HEREBY: ORDERED, that Respondent shall provide an Answer to the Verified Petition no later than June 2, 2021 and Petitioner may reply by June 8, 2021. ORDERED, that if either party intends to note a deposition of either party, they shall do so on or before the 8th day of June, 2021, and that any such deposition shall occur before the I 5th day of June, 2021 and can be by way of telephone or video conference; and it is further ORDERED, that if either party intends to note a deposition of any expert, they shall do so on or before the 18th day of June, 2021, and that any such deposition shall occur before the 25th day of June, 2021, and can be by way of telephone or video; and it is ORDERED, that if either patty intends to note a deposition of any rebuttal expert, they shall do so on or before the 25th day of June, 2021, and that any such deposition shall occur on or before the 2nd day of July, 2021; and it is further ORDERED, that this Order makes no determination as to the merits of the Petition for Return, and shall continue in force and effect until modified or cancelled by this Court; and it is further ordered that counsel for Petitioner shall serve a copy of this Order by email on Respondent, who shall promptly advise of her address, phone number and email address, as she is currently representing herself and further set forth in this Order. (Cinthia Milagros Tanaka Sanchez answer due 6/8/2021. Deposition due by 7/2/2021.) (Signed by Judge Cathy Seibel on 5/26/2021) (rro)
May 26, 2021 Filing 13 FIRST LETTER addressed to Judge Cathy Seibel from Elliot H Gourvitz, Esq dated 05/26/2021 re: Deposit of Passports with Court and facetime/video parenting time. Document filed by Pablo Terrones Rondona..(Gourvitz, Ari)
May 26, 2021 Filing 12 PROPOSED SCHEDULING ORDER. Document filed by Pablo Terrones Rondona..(Gourvitz, Ari)
May 25, 2021 Minute Entry for proceedings held before Judge Cathy Seibel: Show Cause Hearing held on 5/25/2021. Petitioner Pablo Terrones Rondona appears via video on Microsoft Teams platform. Petitioner's counsel(s) Ari Gourvitz, Esq. and Elliot Gourvitz, Esq. appear via video on Microsoft Teams platform. Respondent Cinthia Milagros Tanaka Sanchez appears via video on Microsoft Teams platform. Interpreter Peter Anderson appears via phone on Microsoft Teams platform. Law Clerk Jennifer Butwin appears via phone on Microsoft Teams platform. Respondent informs the Court that she is currently without counsel(pro se). Respondent informs the Court that she did not comply with the Court's May 20, 2021 Order. The Court hereby ORDERS Respondent Cinthia Milagros Tanaka Sanchez to surrender her passport as well as the passport of the minor G.C.T.T. to the Clerk's Office (on 1st Floor) at the White Plains courthouse (300 Quarropas Street White Plains, NY 10601) c/o Clerk of Court by 9:00 a.m. on May 26, 2021. The Court could issue a warrant against Respondent for failure to comply with the Court's Order. Petitioner's counsel reads a proposed discovery schedule into the record. Petitioner's counsel directed to submit proposed scheduling Order to chambers via email or file on ECF docket as "Proposed Order". Upon receipt of proposed Order, the Court will fill in date/time for a hearing in this matter. See transcript. (Court Reporter Tabitha Dente) (wc)
May 21, 2021 Filing 11 FIRST LETTER addressed to Judge Cathy Seibel from ARI H GOURVITZ dated 05/21/2021 re: Brief Conversation with Ms. Sanchez (Respondent) regarding documents sent to her via email and possible need for Spanish interpreter. Document filed by Pablo Terrones Rondona..(Gourvitz, Ari)
May 20, 2021 Opinion or Order Filing 10 ORDER: The Convention on the Civil Aspects of International Child Abduction, done at The Hague on October 25, 1980; International Child Abduction Remedies Act, 42 U.S.C. 11601 et seq. ORDERED: 1. That Respondent, Cinthia Milagros Tanaka Sanchez (the "Respondent") is prohibited from removing the minor child, G.C.T.T., age 4 (the "child"), or causing the minor child to be removed from the jurisdiction of this Court, pending final disposition of the above-referenced Verified Petition for Return. 2. That the Respondent shall appear before this Court on the 25th day of May 2021 at 4:45p.m. by video. Teams link to be provided. All parties may appear by video. The initial appearance shall be considered an initial show cause hearing and scheduling hearing, so that a date may be set for an expedited evidentiary hearing on the merits of the Verified Petition for Return. The Respondent may appear with or without counsel. 3. That if the Respondent either fails to appear on the 25th day of May 2021 at 4:45p.m. or removes the minor child or causes the minor child to be removed from the jurisdiction of this Court, the Court shall issue a warrant for the arrest of the Respondent and appearance for a contempt hearing. 4. That a copy of this Order, and a copy of the Verified Petition for Return, together with all attachments and all other filings, shall be served on or before the 22nd day of may, 2021 upon the Respondent. 5. That the Respondent shall surrender her passports and travel documents and the minor child's passports and travel documents to the Clerk of Court, U.S. Courthouse, 300 Quarropas St., White Plains, New York 10601 or the next business day following service, to be held for safe keeping by this Court. 6. That whether Petitioner may testify by alternative means, i.e. Skype, telephone, video or other contemporaneous means from Peru in any evidentiary hearing including the final hearing to avoid the costs of his travel to the United States will be decided at a later date; and 8. Whether Petitioner shall have regular in-person and digital/telephone access with the child immediately and when he travels from Peru for any reason will be determined at a later date, but Respondent shall allow immediate video/telephone electronic access unless she has a good faith basis for believing that such access will be harmful to the child. ( Telephone Conference set for 5/25/2021 at 04:45 PM before Judge Cathy Seibel.) (Signed by Judge Cathy Seibel on 5/20/2021) (mml)
May 20, 2021 Filing 9 ELECTRONIC SUMMONS ISSUED as to Cinthia Milagros Tanaka Sanchez. (vf)
May 20, 2021 Filing 8 NOTICE OF APPEARANCE by Ari Hirsch Gourvitz on behalf of Pablo Terrones Rondona..(Gourvitz, Ari)
May 20, 2021 Filing 7 FIRST MEMORANDUM OF LAW in Support re: #1 Petition (Other),, #6 Proposed Order to Show Cause With Emergency Relief, . Document filed by Pablo Terrones Rondona..(Gourvitz, Elliot)
May 20, 2021 Filing 6 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Pablo Terrones Rondona. (Attachments: #1 Text of Proposed Order Proposed Show Cause Order).(Gourvitz, Elliot) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
May 20, 2021 Filing 5 NOTICE OF APPEARANCE by Elliot H. Gourvitz on behalf of Pablo Terrones Rondona..(Gourvitz, Elliot)
May 20, 2021 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Cinthia Milagros Tanaka Sanchez, re: #1 Petition (Other),,. Document filed by Pablo Terrones Rondona..(Gourvitz, Elliot)
May 20, 2021 Filing 3 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Pablo Terrones Rondona..(Gourvitz, Elliot)
May 20, 2021 Filing 2 CIVIL COVER SHEET filed..(Gourvitz, Elliot)
May 20, 2021 Filing 1 PETITION FOR RETURN OF CHILD. (Filing Fee $ 402.00, Receipt Number ANYSDC-24565217).Document filed by Pablo Terrones Rondona. (Attachments: #1 Exhibit A(Hague Convention), #2 Exhibit B(Letter from State Department, #3 Exhibit C(Marriage Certificate), #4 Exhibit D(Child's Birth Certificate redacted), #5 Exhibit E(Divorce Agreement), #6 Exhibit F(Request for Return), #7 Exhibit G(Peru Law), #8 Exhibit H(Email from Mother to Father that she is not returning)).(Gourvitz, Elliot)
May 20, 2021 Case Designated ECF. (vf)
May 20, 2021 Magistrate Judge Judith C. McCarthy is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf)
May 20, 2021 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Cathy Seibel. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf)
May 20, 2021 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Ari Hirsch Gourvitz. The party information for the following party/parties has been modified: Cinthia Milagros Tanka Sanchez. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (vf)
May 20, 2021 ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #6 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (km)

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Respondent: Cinthia Milagros Tanaka Sanchez
Represented By: Ismael Hernandez
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Petitioner: Pablo Terrones Rondona
Represented By: Mark A. Shiffrin
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