HERNANDEZ v. FITZGERALD et al
| GRACIELA HERNANDEZ |
| EFRAIN FITZGERALD and CRISTINA CALDERON |
| 1:2018cv01887 |
| August 10, 2018 |
| US District Court for the District of Columbia |
| Washington, DC Office |
| 99999 |
| Beryl A Howell |
| Other Statutory Actions |
| 28 U.S.C. § 1331 |
| None |
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| Filing 20 RESPONSE re #19 MOTION to Dismiss filed by CRISTINA CALDERON, EFRAIN FITZGERALD. (Gadson, Jesse) |
MINUTE ORDER (paperless) CONSTRUING #20 Respondents' Opposition to Petitioner's Motion to Dismiss as a motion for hearing and DENYING the motion as moot in light of the September 20, 2018 minute order dismissing this case. Signed by Chief Judge Beryl A. Howell on October 4, 2018. (lcbah1)
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| NOTICE OF CORRECTED DOCKET ENTRY: re Partial Filing Fee Received was entered in error (Wrong Case). (zrdj) |
| NOTICE OF CORRECTED DOCKET ENTRY: re #18 MOTION to Dismiss was entered in error and counsel refiled as docket entry #19 . (zrdj) |
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MINUTE ORDER (paperless) GRANTING, Plaintiff's #19 Motion to Dismiss, pursuant to Federal Rule of Civil Procedure 41(a)(2). The Clerk of the Court is directed to close the case. Signed by Chief Judge Beryl A. Howell on September 20, 2018. (lcbah1)
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| ENTERED IN ERROR.....Partial Filing Fee Received from Elwood Cooper in the amount of $10.00, receipt number: 4616094578. USCA #17-5219(zrdj) Modified on 9/20/2018 (zrdj). |
| Filing 19 MOTION to Dismiss by GRACIELA HERNANDEZ (Westman, Stephanie) |
| Filing 18 ENTERED IN ERROR.....MOTION to Dismiss by GRACIELA HERNANDEZ (Westman, Stephanie) Modified on 9/20/2018 (zrdj). |
| Filing 17 RECEIPT of Passports and Birth Certificates pursuant to #16 Order filed on 9/05/2018. (Attachments: #1 Passport Receipt, #2 Passport Receipt) (ad) |
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Filing 16
ORDER. See Order for further details. Signed by Chief Judge Beryl A. Howell on September 5, 2018. (lcbah1)
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| Filing 15 NOTICE OF PROPOSED ORDER by GRACIELA HERNANDEZ. (Leslie, Zorba) Modified event title on 9/7/2018 (znmw). |
| Filing 14 CONSENT SETTLEMENT AGREEMENT by GRACIELA HERNANDEZ, EFRAIN FITZGERALD, CRISTINA CALDERON. (tg) |
| Minute Entry for proceedings held before Chief Judge Beryl A. Howell: Evidentiary Hearing converted to a Status Hearing and held on 9/5/2018. Executed Consent Settlement Agreement presented to the Court. Parties directed to submit today a joint proposed order setting forth all the conditions stated in open court and directing action from the Clerk's Office. Oral request by Counsel for the Petitioner requesting entry of the Consent Settlement Agreement on the docket, heard and granted. The Consent Settlement Agreement will be entered on the docket by the deputy clerk. (Court Reporter Elizabeth Saint-Loth.) (tg) |
| Filing 12 TRIAL BRIEF Statement of Argument, Witnesses and Exhibits by GRACIELA HERNANDEZ. (Attachments: #1 Exhibit 01 - Hague Convention Text, #2 Exhibit 02 - ICARA Statute Text, #3 Exhibit 03 - Hernandez Decl, #4 Exhibit 03-A - C.E.B.G. Santa Librada Letter, #5 Exhibit 03-B - P.C. Santa Librada Letter, #6 Exhibit 03-C - Email CC to GH 4.16.18 at 10.58 a.m., #7 Exhibit 03-D - Email CC to GH 4.16.2018 at 11.37 a.m., #8 Exhibit 03-E - Email CC to GH 4.23.18 at 9.55 a.m., #9 Exhibit 03-F - Email CC to GH 5.23.18 at 12.05 p.m., #10 Exhibit 03-G - Travel Authorization Form, #11 Exhibit 03-H - Text Msg, #12 Exhibit 03-I - Petition to Panama Central Authority, #13 Exhibit 04 - Perez Decl., #14 Exhibit 05 - Westman Decl., #15 Exhibit 05-A - Complaint for Custody, #16 Exhibit 05-B - Fitzgerald and Calderon Affidavit, #17 Exhibit 05-C - Emails to Mundo Verde Charter School, #18 Exhibit 05-D - Emails to Vilmarie Duprey, #19 Exhibit 05-E - Emails to Mayra Canizales, #20 Exhibit 05-F - Complaint for Divorce, #21 Exhibit 05-G - Default Judgement of Absolute Divorce, #22 Exhibit 05-H - Excerpt of Panama Family Code, #23 Exhibit 05-I - Excerpt of Panama Immigration Law, #24 Exhibit 06 - Birth Certificate_JHF_Redacted, #25 Exhibit 07 - Birth Certificate_MSF_Redacted, #26 Exhibit 08 - Birth Certificate_JRF_Redacted)(Leslie, Zorba) |
| Filing 11 Consent MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jesse A. Gadson, :Address- 1801 Columbia Rd., NW Suite 204. Phone No. - 202-518-0178. Fax No. - 202-518-0175 Fee Status: No Fee Paid. by EFRAIN FITZGERALD (Attachments: #1 Exhibit Certificate of attorney, #2 Text of Proposed Order)(Clennon, Cary) |
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MINUTE ORDER (paperless) GRANTING the respondent's #11 Motion for Admission of Attorney Pro Hac Vice of Jesse Andre Gadson. Jesse Andre Gadson may enter an appearance pro hac vice for the purpose of representing the respondent in this action. Signed by Chief Judge Beryl A. Howell on August 30, 2018. (lcbah1)
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| Filing 10 TRANSCRIPT OF PROCEEDINGS before Chief Judge Beryl A. Howell held on 8/13/2018; Page Numbers: 1 - 53. Date of Issuance: 8/29/2018. Court Reporter/Transcriber Elizabeth SaintLoth, Telephone number 202-354-3242, Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter refe renced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 9/19/2018. Redacted Transcript Deadline set for 9/29/2018. Release of Transcript Restriction set for 11/27/2018.(Saint-Loth, Elizabeth) |
| Filing 9 Joint MOTION for Extension of Time to Submit Final Hearing Materials by GRACIELA HERNANDEZ (Leslie, Zorba) |
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MINUTE ORDER (paperless) GRANTING the parties' #9 Joint Motion to Extend Deadline and AMENDING the #5 Scheduling Order as follows: by August 31, 2018, the parties shall submit all documents, witness lists, and summaries of argument to be used at the hearing scheduled on September 5, 2018. Signed by Chief Judge Beryl A. Howell on August 24, 2018. (lcbah3)
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| Set/Reset Deadlines: Parties' response to Order of the Court regarding documents, witness lists, and summaries of argument due by 9/5/2018. (hmc) |
| Filing 8 NOTICE of Appearance by Stephanie G. Westman on behalf of GRACIELA HERNANDEZ (Westman, Stephanie) |
| Filing 7 NOTICE of Appearance by Zorba C. Leslie on behalf of GRACIELA HERNANDEZ (Leslie, Zorba) |
| Filing 6 NOTICE of Appearance by Jonathan Heuer Levy on behalf of GRACIELA HERNANDEZ (Levy, Jonathan) |
| PASSPORTS and BIRTH CERTIFICATES surrendered by CRISTINA CALDERON and EFRAIN FITZGERALD pursuant to #5 Order filed on 8/13/2018. (ad) |
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Filing 5
ORDER GRANTING the petitioner's #2 Motion for Temporary Restraining Order. See Order for further details. Signed by Chief Judge Beryl A. Howell on August 13, 2018. (lcbah1)
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| Filing 4 Memorandum in opposition to re #2 MOTION for Temporary Restraining Order MOTION for Order to Show Cause MOTION for Hearing filed by CRISTINA CALDERON, EFRAIN FITZGERALD. (zrdj) |
| Filing 3 ANSWER to #1 VERIFIED PETITION FOR RETURN OF CHILDREN TO PETITIONER by CRISTINA CALDERON, EFRAIN FITZGERALD.(zrdj) |
| Set/Reset Hearings: Motion Hearing scheduled for 8/13/2018, at 2:00 PM in Courtroom 22A before Chief Judge Beryl A. Howell. (tg) |
| Minute Entry for proceedings held before Chief Judge Beryl A. Howell: Motion Hearing held on 8/13/2018 regarding #2 MOTION for Temporary Restraining Order filed by GRACIELA HERNANDEZ. (Court Reporter Elizabeth Saint-Loth.) (tg) |
| Set/Reset Deadlines: Respondents' compliance with Order of the Court regarding children's documents due by 5:00 PM on 8/14/2018. Parties' response to Order of the Court regarding documents, witness lists, and summaries of argument due by 8/27/2018. (tg) |
| Set/Reset Hearings: Evidentiary Hearing scheduled for 9/5/2018, at 10:00 AM in Courtroom 22A before Chief Judge Beryl A. Howell. (tg) |
| Filing 2 MOTION for Temporary Restraining Order, MOTION for Order to Show Cause, MOTION for Expedited Hearing by GRACIELA HERNANDEZ (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(zrdj) |
| Filing 1 VERIFIED PETITION FOR RETURN OF CHILDREN TO PETITIONER against CRISTINA CALDERON, EFRAIN FITZGERALD ( Filing fee $ 400, receipt number 4616094095) filed by GRACIELA HERNANDEZ. (Attachments: #1 Exhibit 1 - Hague Convention, #2 Exhibit 2 - ICARA Statute Text, #3 Exhibit 3 - Hernandez Decl, #4 Exhibit 3-A - C.E.B.G. Santa Librada Letter (redacted), #5 Exhibit 3-B - P.C. Santa Librada Letter (redacted), #6 Exhibit 3-C - Email CC to GH 4.16.18 at 10.58 a.m. (translated), #7 Exhibit 3-D - Email CC to GH 4.16.2018 at 11.37 a.m. (translated), #8 Exhibit 3-E - Email CC to GH 4.23.18 at 9.55 a.m. (translated) (2, #9 Exhibit 3-F - Email CC to GH 5.23.18 at 12.05 p.m. (translated), #10 Exhibit 3-G - Travel Authorization Form (English), #11 Exhibit 3-H - Text Msg, #12 Exhibit 3-I - Petition to Panama Central Authority, #13 Exhibit 4 - Perez de Hernandez Decl, #14 Exhibit 5 - Westman Decl., #15 Exhibit 5-A - Complaint for Custody, #16 Exhibit 5-B - Fitzgerald and Calderon Affidavit, #17 Exhibit 5-C - Emails to Mundo Verde Charter School, #18 Exhibit 5-D - Emails to Vilmarie Duprey, #19 Exhibit 5-E - Emails to Mayra Canizales, #20 Exhibit 5-F - Complaint for Divorce, #21 Exhibit 5-G - Default Judgement of Absolute Divorce, #22 Exhibit 5-H - Excerpt of Panama Family Code, #23 Exhibit 5-I - Excerpt of Panama Immigration Law)(zrdj) Modified on 8/13/2018 (zrdj). (Additional attachment(s) added on 8/13/2018: #24 Civil Cover Sheet) (zrdj). |
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