Gordillo Rincon v. Ibarra Lemus
| Miguel Andri Gordillo Rincon |
| Schelly Esperanza Ibarra Lemus |
| 6:2022cv01192 |
| July 11, 2022 |
| US District Court for the Middle District of Florida |
| Embry J Kidd |
| Carlos E Mendoza |
| Other Statutory Actions |
| 42 U.S.C. § 11601 International Child Abduction Remedies Act |
| None |
Docket Report
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Filing 60
ENDORSED ORDER directing the Clerk to close this case in light of the Court's #57 Order and the #59 Notice of Return of Minor Child. Signed by Judge Carlos E. Mendoza on 8/19/2022. (KMS)
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| Filing 59 NOTICE of Return of Minor Child re #57 Order by Miguel Andri Gordillo Rincon (Marin, Carmelina) Modified on 8/17/2022 (SPM). |
| Filing 58 RECEIPT for return of Passport for V.S.G.I. Passport Number: 146494198. Issuing Country: Venezuela. (Returned to Petitioner's legal counsel per #57 Order.) (SPM) |
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Filing 57
It is ORDERED and ADJUDGED that Petitioner's Petition for Return of a Minor Child and Warrant of Arrest (Doc. #1) is GRANTED. The Clerk is directed to release the child's travel documents to Petitioner's legal counsel, who shall provide those documents to Dorkys Lanin Gordillo Rincon, who is Petitioner's sister, for travel to Venezuela. On or before August 15, 2022, the child shall return to Venezuela in the custody of Dorkys Lanin Gordillo Rincon. Until the child's departure from the United States, the child shall remain in the physical custody of Miguelangel Gordillo Bonilla. Petitioner's legal counsel shall notify this Court of the child's return to Venezuela. Thereafter, the Clerk is directed to close this case. Signed by Judge Carlos E. Mendoza on 8/9/2022. (ALL)
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| Filing 56 RECEIPT for surrender of Passport for VSGI. Passport Number: 146494198. Issuing Country: Venezuela. (SRD) Modified on 8/8/2022 (SRD). |
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Filing 55
ENDORSED ORDER granting #52 Motion to File Documents Under Seal. Signed by Judge Carlos E. Mendoza on 8/5/2022. (EET)
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| Filing 54 Defendant's Exhibit List (Final Evidentiary Hearing) by Schelly Esperanza Ibarra Lemus. (Attachments: #1 Unredacted Composite Exhibit 1)(ALL) |
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Filing 53
ENDORSED ORDER directing that on or before 12:00 PM on August 8, 2022, counsel for Respondent must turn over all travel documents of the minor child to the Clerk of Court for the Middle District of Florida. Travel documents include, but are not limited to, United States passports, Venezuelan passports, birth certificates, travel visas, and social security cards. Signed by Judge Carlos E. Mendoza on 8/5/2022. (EET)
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| Filing 52 MOTION to Seal Personal Information pursuant to ordered in open court 8/5 by Miguel Andri Gordillo Rincon. (Attachments: #1 Exhibit Copy of Visa and Passport)(Marin, Carmelina) Motions referred to Magistrate Judge Embry J. Kidd. Modified to restrict exhibits per chambers on 8/5/2022 (ALL). |
| Filing 51 Minute Entry for In Person Proceedings held before Judge Carlos E. Mendoza: FINAL EVIDENTIARY HEARING (Day 2) held on 8/5/2022. (Interpreters: Andrea Anastasi/Spanish and Eduardo Arenas/Spanish) Court Reporter: Amie First. (ALL) |
| Filing 50 Minute Entry for In Person Proceedings held before Judge Carlos E. Mendoza: FINAL EVIDENTIARY HEARING held on 8/4/2022. Final Evidentiary Hearing continued to 8/5/2022 at 9:00 A.M. (Interpreters: Jesse Leonor/Spanish, Ricardo Arenas/Spanish) Court Reporter: Amie First. (ALL) Modified on 8/5/2022 (ALL). |
| Filing 49 NOTICE of Intent to Use Exhibits at Final Hearing by Miguel Andri Gordillo Rincon (Attachments: #1 Exhibit Mother Criminal Record Part 1, #2 Exhibit Mother Criminal Record Part 2, #3 Exhibit Mother Criminal Record Part 3)(Marin, Carmelina) Modified on 8/5/2022 (SPM). |
| Filing 48 Witness List by Miguel Andri Gordillo Rincon. (Marin, Carmelina) |
| Filing 47 NOTICE of Intent to Use Exhibits at Final Hearing by Miguel Andri Gordillo Rincon (Marin, Carmelina) Modified on 8/4/2022 (SPM). |
| Filing 46 STIPULATION for Substitution of Counsel by Schelly Esperanza Ibarra Lemus. (Cortes Rodriguez, Hernan) |
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Filing 45
ENDORSED ORDER granting #44 Amended Motion to Withdraw Attorney Cash A. Eaton as Counsel of Record for Defendant Schelly Esperanza Ibarra Lemus. Attorney Eaton is hereby withdrawn from the case. Signed by Magistrate Judge Embry J. Kidd on 8/2/2022. (IRM)
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| Filing 44 Amended MOTION for to Withdraw as Attorney by Schelly Esperanza Ibarra Lemus. (Eaton, Cash) Motions referred to Magistrate Judge Embry J. Kidd. |
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Filing 43
ENDORSED ORDER denying without prejudice #42 Motion to Withdraw as Counsel for failure to comply with Local Rule 2.02(c). Signed by Magistrate Judge Embry J. Kidd on 8/2/2022. (IRM)
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| Filing 42 MOTION for to Withdraw as Attorney by Schelly Esperanza Ibarra Lemus. (Eaton, Cash) Motions referred to Magistrate Judge Embry J. Kidd. |
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Filing 41
NOTICE TO COUNSEL AND PARTIES: Failure to comply with ANY Local Rules or Court Orders may result in the imposition of sanctions including, but not limited to, the dismissal of this action or entry of default without further notice. Signed by Judge Carlos E. Mendoza on 8/2/2022. (ALL)
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Filing 40
INITIAL ORDER re: Case Management and Deadlines. Signed by Judge Carlos E. Mendoza on 8/2/2022. (ALL)
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| Filing 39 NOTICE to counsel Hernan Cortes Rodriguez of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. (Signed by Deputy Clerk). (SPM) |
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Filing 38
ENDORSED ORDER striking #37 Notice of Service of Answer to Request for Admissions. This district prohibits litigants from filing discovery material unless "ordered by the Court, if necessary to the presentation or defense of a motion, or if required by law or rule." Middle District Discovery (2021) at 3; see also Fed. R. Civ. P. 5(d)(1) ("[D]isclosures under Rule 26(a)(1) or (2) and the following discovery requests and responses must not be filed until they are used in the proceeding or the court orders filing: depositions, interrogatories, requests for documents or tangible things or to permit entry onto land, and requests for admission.") Signed by Magistrate Judge Embry J. Kidd on 8/2/2022. (IRM)
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| Filing 37 **STRICKEN per 38 Order** NOTICE of Service of Answer to Request for Admissions by Schelly Esperanza Ibarra Lemus (Cortes Rodriguez, Hernan) Modified on 8/2/2022 (SPM). |
| Filing 36 NOTICE of Appearance by Hernan Cortes Rodriguez on behalf of Schelly Esperanza Ibarra Lemus (Cortes Rodriguez, Hernan) |
| Filing 35 ANSWER and affirmative defenses to #1 Complaint, by Schelly Esperanza Ibarra Lemus.(Cortes Rodriguez, Hernan) |
| Filing 34 NOTICE OF RESCHEDULING HEARING: The Final Evidentiary Hearing hearing previously scheduled for 7/26/2022 is rescheduled. New scheduling date and time: Final Evidentiary Hearing set for 8/4/2022 at 02:00 PM in Orlando Courtroom 5 B before Judge Carlos E. Mendoza. (ALL) |
| Filing 33 Minute Entry for In Person Proceedings held before Judge Carlos E. Mendoza: STATUS CONFERENCE held on 7/26/2022. Court Reporter: Suzanne L. Trimble. (ALL) |
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Filing 32
ENDORSED ORDER denying without prejudice #27 Motion for Extension of Time to Respond to Petitioner's Request for Admissions. In its Order striking #22 Request for Admissions the Court noted that Federal Rule of Civil Procedure 36 gives Respondent thirty days to respond absent a stipulation or court order, which Petitioner has not obtained. The Court also noted that the parties are not permitted to engage in discovery at this stage of the litigation. (See Doc. 25.) Signed by Magistrate Judge Embry J. Kidd on 7/25/2022. (IRM)
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Filing 31
ENDORSED ORDER granting #29 Motion to Appear via Telephone or Video Conference. Respondent's counsel is permitted to appear via video conference. Log in information will be provided separately. Signed by Judge Carlos E. Mendoza on 7/25/2022. (KMS)
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Filing 30
ENDORSED ORDER granting in part #28 Respondent's Time Sensitive Motion for Continuance. The July 26, 2022 hearing is converted to a status conference, at which the Court will set the new date and time for the Final Hearing in this matter. Signed by Judge Carlos E. Mendoza on 7/25/2022. (KMS)
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| Filing 29 Time Sensitive MOTION to appear telephonically or video conference by Schelly Esperanza Ibarra Lemus. (Eaton, Cash) Modified on 7/25/2022 (SPM). |
| Filing 28 Time Sensitive MOTION to Continue by Schelly Esperanza Ibarra Lemus. (Eaton, Cash) Modified on 7/25/2022 (SPM). |
| Filing 27 MOTION for Extension of Time to Complete Discovery by Schelly Esperanza Ibarra Lemus. (Eaton, Cash) Motions referred to Magistrate Judge Embry J. Kidd. |
| Filing 26 NOTICE of Appearance by Cash Alexander Eaton on behalf of Schelly Esperanza Ibarra Lemus (Eaton, Cash) |
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Filing 25
ENDORSED ORDER striking #22 Request for Admissions. The Request for Admissions purports to require a response within six days, but Federal Rule of Civil Procedure 36 gives Respondent thirty days to respond absent a stipulation or court order, which Petitioner has not obtained. Additionally, pursuant to Federal Rule of Civil Procedure 26(d)(1), the parties are not permitted to engage in discovery at this stage of the litigation absent stipulation or court order, which again Petitioner has not obtained. Signed by Judge Carlos E. Mendoza on 7/22/2022. (KMS)
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Filing 24
ENDORSED ORDER granting #16 Motion to Postpone Final Evidentiary Hearing. For the reasons stated on the record at the July 19, 2022 Hearing, the final evidentiary hearing in this case was rescheduled for July 26, 2022, at 2:00 PM. Signed by Judge Carlos E. Mendoza on 7/22/2022. (KMS)
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| Filing 23 NOTICE of filing REDACTED #1 COMPLAINT with exhibits by Miguel Andri Gordillo Rincon. (Attachments: #1 Exhibit B, #2 Exhibit D, #3 Exhibit E, #4 Exhibit F, #5 Exhibit H, #6 Exhibit J)(Marin, Carmelina) Modified on 7/22/2022 (SPM). |
| Filing 22 **STRICKEN per 25 Order** NOTICE of filing Request for Admissions by Miguel Andri Gordillo Rincon (Attachments: #1 Exhibit Request for Admissions Exhibit A)(Marin, Carmelina) Modified on 7/22/2022 (SPM). |
| Filing 21 Plaintiff's Exhibit List (Status Conference) by Miguel Andri Gordillo Rincon. (Additional attachment(s) added on 8/4/2022: #1 Redacted Exhibit 1 (Original in Spanish), #2 Redacted Exhibit 1 (English Translation), #3 Unredacted Exhibit 1 (Original in Spanish), #4 Unredacted Exhibit 1 (English Translation)) (ALL). |
| Filing 20 NOTICE of hearing: Evidentiary Hearing set for 7/26/2022 at 02:00 PM in Orlando Courtroom 5 B before Judge Carlos E. Mendoza. Petitioner may appear via Zoom. (ALL) Modified on 7/20/2022 (ALL). |
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Filing 19
ORE TENUS ORDER to lift case seal with the exception of exhibits to the petition that contain a minor's name. Counsel directed to file redacted exhibits. Signed by Judge Carlos E. Mendoza on 7/19/2022. (ALL)
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| Filing 18 Minute Entry for In Person Proceedings held before Judge Carlos E. Mendoza: STATUS CONFERENCE (originally scheduled as Final Evidentiary Hearing) held on 7/19/2022. Court Reporter: Suzanne L. Trimble. (ALL) |
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Filing 17
ENDORSED ORDER lifting the seal on the attachments to the #1 Petition insofar as copies of those documents shall be provided to Respondent. Signed by Judge Carlos E. Mendoza on 7/19/2022. (KMS)
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| Filing 16 EMERGENCY MOTION to Postpone Final Evidentiary Hearing by Schelly Esperanza Ibarra Lemus. (LDJ) |
| Filing 15 US Marshal 285 form (SPM) |
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Filing 14
AMENDED ORDER. It is ORDERED and ADJUDGED that Petitioner's request for a preliminary injunction (Doc. #1 at 28-44), construed as a Motion for a TRO, is GRANTED. This matter is set for a final evidentiary hearing on the Petition (Doc.#1) on Tuesday, July 19, 2022, at 2:00 PM in Courtroom 5B, George C. Young United States Courthouse Annex, 401 W. Central Boulevard, Orlando, Florida, before the Honorable Carlos E. Mendoza. The Court has reserved one hour for the hearing. Signed by Judge Carlos E. Mendoza on 7/14/2022. (ALL)
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| Filing 13 NOTICE of hearing: Final Evidentiary Hearing set for 7/19/2022 at 02:00 PM in Orlando Courtroom 5 B before Judge Carlos E. Mendoza. The Court has reserved one hour for the hearing. Petitioner is permitted to appear via video conference. (ALL) |
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Filing 12
It is ORDERED and ADJUDGED that Petitioner's request for a preliminary injunction (Doc. #1 at 28-44), construed as a Motion for a TRO, is GRANTED. This matter is set for a final evidentiary hearing on the Petition (Doc.#1) on Tuesday, July 19, 2022, at 2:00 PM in Courtroom 5B, George C. Young United States Courthouse Annex, 401 W. Central Boulevard, Orlando, Florida, before the Honorable Carlos E. Mendoza. The Court has reserved one hour for the hearing. Signed by Judge Carlos E. Mendoza on 7/14/2022. (ALL)
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| Filing 11 SEALED Plaintiff's Exhibit List (Sealed Ex Parte Hearing) by Miguel Andri Gordillo Rincon. (ALL) (Additional attachment(s) added on 7/14/2022: #1 Exhibit 1, #2 Exhibit 2) (ALL). |
| Filing 10 Minute Entry for In Person Proceedings held before Judge Carlos E. Mendoza: SEALED Ex Parte HEARING held on 7/13/2022. Court Reporter: Heather Suarez. (ALL) |
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Filing 9
ORDER ON DISCOVERY MOTONS. Signed by Magistrate Judge Embry J. Kidd on 7/13/2022. (PML)
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| Filing 8 NOTICE of Hearing on Exparte Filing: Miscellaneous SEALED Hearing set for 7/13/2022 at 02:00 PM in Orlando Courtroom 5 B before Judge Carlos E. Mendoza. Counsel notified via email and telephone.(ALL) |
| Filing 7 SUMMONS issued as to Schelly Esperanza Ibarra Lemus. (SPM) |
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Filing 6
ENDORSED ORDER granting #5 Request for Expedited Hearing and Motion to Seal. This case is set for an ex parte hearing on Wednesday, July 13, 2022, at 2:00 PM. Petitioner will be permitted to appear via video conference. The Clerk is directed to seal this file. Signed by Judge Carlos E. Mendoza on 7/12/2022. (KMS)
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| Filing 5 Expedited MOTION for Ex Parte Hearing and MOTION to Seal Case re #1 Complaint by Miguel Andri Gordillo Rincon. (SPM) Motions referred to Magistrate Judge Embry J. Kidd. |
| Filing 4 CERTIFICATE of interested persons and corporate disclosure statement by Miguel Andri Gordillo Rincon. (SPM) |
| Filing 3 NOTICE of a related action per Local Rule 1.07(c) by Miguel Andri Gordillo Rincon. Related case(s): No (SPM) |
| Filing 2 NEW CASE ASSIGNED to Judge Carlos E. Mendoza and Magistrate Judge Embry J. Kidd. New case number: 6:22-cv-1192-CEM-EJK. (SJB) |
| Filing 1 COMPLAINT against Schelly Esperanza Ibarra Lemus (Filing fee $402 receipt number AFLMDC-19759107) filed by Miguel Andri Gordillo Rincon. (Attachments: #1 Proposed Summons, #2 Civil Cover Sheet, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 State Court Other Documents Certificate of Interested Persona and Corporate Disclosure Statement, #14 State Court Other Documents Exp. Req. Hrg for Warrant of Arrest, #15 Text of Proposed Order Proposed Order Granting Exp. Hrg, #16 State Court Other Documents Ntc of Pendency of Related Cases)(Marin, Carmelina) Modified on 7/12/2022 (SPM). |
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| Plaintiff: Miguel Andri Gordillo Rincon | |
| Represented By: | Carmelina Marin |
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| Defendant: Schelly Esperanza Ibarra Lemus | |
| Represented By: | Cash Alexander Eaton |
| Represented By: | Hernan Cortes Rodriguez |
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