Franco Cabrera v. Ochoa Amarante
| Sergio Fidel Franco Cabrera |
| Susy Anailsy Ochoa Amarante |
| GARY S. ISRAEL |
| 6:2022cv01743 |
| September 22, 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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This docket was last retrieved on November 14, 2022. A more recent docket listing may be available from PACER.
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| Filing 51 STATUS report by Sergio Fidel Franco Cabrera. (Israel, Gary) |
| Filing 50 RECEIPT for return of Passport for Susy Anailsy Ochoa Amarante. Passport Number: SC7367063 and 567552559. Issuing Country: Dominican Republic. (ER) |
| Filing 49 RECEIPT for return of Passport for NAFO. Passport Number: RD5923709. Issuing Country: Dominican Republic. (SRD) |
Filing 48
ORDER- The Clerk is directed to release the child's passport to counsel for Petitioner. The Clerk is directed to release the remaining documents to Respondent or her counsel. Respondent shall release the child to the custody of Petitioner at 5:00 PM on November 9, 2022, and Petitioner shall accompany the child to the Dominican Republic. Petitioner shall promptly inform Respondent of his and the child's travel plans, including flight details, once those plans are arranged. On or before November 18, 2022, Petitioner's counsel shall file a report as to the status of the child's return to the Dominican Republic. The Clerk is directed to close this case. Signed by Judge Carlos E. Mendoza on 11/8/2022. (MEH)
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| Filing 47 Minute Entry. Telephonic Proceedings held before Judge Carlos E. Mendoza: STATUS CONFERENCE held on 11/8/2022. Court Reporter: Nikki L. Peters (MEH) |
| Filing 46 NOTICE OF RESCHEDULING HEARING: The Telephonic Status Conference hearing previously scheduled for 11/09/2022 is rescheduled. New scheduling date and time: Telephonic Status Conference set for 11/8/2022 at 2:15 PM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. The parties shall call 866-434-5269 five minutes before the hearing is scheduled to begin. Access Code: 4420602. Security Code: 110822. (MEH) |
| Filing 45 NOTICE OF HEARING: Telephonic Status Conference set for 11/9/2022 at 9:30 AM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. The parties shall call 866-434-5269 five minutes before the hearing is scheduled to begin. Access Code: 4420602. Security Code: 110922. (MEH) |
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Filing 44
ORDER- Petitioner's Amended Verified Petition for the Return of Minor Children (Doc. 17) is GRANTED. This case is set for a telephonic status conference on November 9, 2022, at 9:30 AM to discuss the logistics for the child promptly returning to the Dominican Republic. Prior to the status conference, counsel for both parties shall confer regarding this issue. Signed by Judge Carlos E. Mendoza on 11/7/2022. (MEH)
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| Filing 43 Minute Entry. In Person Proceedings held before Judge Carlos E. Mendoza: STATUS CONFERENCE held on 11/7/2022. Court Reporter: Suzanne L. Trimble (MEH) |
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Filing 42
ENDORSED ORDER granting 41 Motion for a Spanish Interpreter at the November 7, 2022 Evidentiary Hearing. Petitioner will be provided a Spanish Interpreter. Signed by Judge Carlos E. Mendoza on 10/21/2022. (MEH)
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| Filing 41 ORE TENUS MOTION for a Spanish Interpreter at the November 7, 2022 Evidentiary Hearing by Sergio Fidel Franco Cabrera. (MEH) |
| Filing 40 NOTICE OF HEARING: Evidentiary Hearing set for 11/7/2022 at 1:30 PM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. The Court has reserved 1-hour for the hearing. (MEH) |
| Filing 39 Minute Entry. Telephonic Proceedings held before Judge Carlos E. Mendoza: TELEPHONE CONFERENCE held on 10/21/2022. Court Reporter: Suzanne L. Trimble (MEH) |
| Filing 38 NOTICE OF RESCHEDULING HEARING (AS TO TIME ONLY): The Telephone Conference hearing previously scheduled for 10/21/2022 at 10:30 AM is rescheduled. New hearing time: Telephone Conference set for 10/21/2022 at 10:00 AM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. The parties shall call 866-434-5269 five minutes before the hearing is scheduled to begin. Access Code: 4420602. Security Code: 102122. (MEH) |
| Filing 37 NOTICE OF HEARING: Telephone Conference set for 10/21/2022 at 10:30 AM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. The parties shall call 866-434-5269 five minutes before the hearing is scheduled to begin. Access Code: 4420602. Security Code: 102122. (MEH) |
| Filing 36 NOTICE canceling Evidentiary Hearing scheduled for 10/21/2022 at 10:30 AM. (MEH) |
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Filing 35
ENDORSED ORDER granting in part #34 Petitioner's Unopposed Motion to Continue Hearing. The in-person 33 October 21, 2022 Evidentiary Hearing is canceled. Counsel for the parties shall instead appear telephonically for a status conference at the same date and time as the previously scheduled Evidentiary Hearing. Call-in instructions will be issued separately. Signed by Judge Carlos E. Mendoza on 10/20/2022. (VLC)
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| Filing 34 Unopposed MOTION to Continue Hearing Scheduled for October 21,2022 by Sergio Fidel Franco Cabrera. (Israel, Gary) |
| Filing 33 NOTICE OF RESCHEDULING HEARING (AS TO TIME ONLY): The Evidentiary Hearing hearing previously scheduled for 10/21/2022 at 10:00 AM is rescheduled. New hearing time: Evidentiary Hearing set for 10/21/2022 at 10:30 AM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. Petitioner is required to appear in person. (MEH) |
| Filing 32 NOTICE of Appearance by Samantha Medina on behalf of Susy Anailsy Ochoa Amarante (Medina, Samantha) |
| Filing 31 NOTICE of Appearance by Nathan W. Hill on behalf of Susy Anailsy Ochoa Amarante (Hill, Nathan) |
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Filing 30
ORDER granting #28 Motion to Appoint Counsel. Nathan W. Hill of the law firm Gunster Yoakley and Stewart, 200 South Orange Avenue, Suite 1400, Orlando FL 32801, (407) 406-5246, nhill@gunster.com, is appointed on a pro bono basis to represent Respondent for the limited purpose of this proceeding, which is scheduled for an evidentiary hearing on October 21, 2022, at 10:00 AM. Signed by Judge Carlos E. Mendoza on 10/12/2022. (MEH)
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| Filing 28 MOTION to Appoint Counsel by Susy Anailsy Ochoa Amarante. (SRD) Motions referred to Magistrate Judge Embry J. Kidd. |
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Filing 27
ENDORSED ORDER denying #25 Petitioner's Amended Motion for Leave of Court to take Depositions. Petitioner has not provided a sufficient legal basis to support the requested relief. Additionally, the motion fails to comply with Local Rule 3.01(g). Future failures by Petitioner's counsel to comply with the Local Rules may result in the imposition of sanctions without further notice. Signed by Judge Carlos E. Mendoza on 10/11/2022. (VLC)
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Filing 26
ENDORSED ORDER denying as moot #24 Petitioner's Motion for Leave of Court to Take Depositions in light of #25 Petitioner's Amended Motion for Leave of Court to take Depositions. In the future, if Petitioner's counsel is going to file an amended motion, he must specify what portion of the motion has been amended. Signed by Judge Carlos E. Mendoza on 10/11/2022. (VLC)
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| Filing 25 Amended MOTION for Miscellaneous Relief, specifically Motion for Leave of Court to Take Depositions by Sergio Fidel Franco Cabrera. (Attachments: #1 Proposed Summons Subpoena to Testify at a Deposition in a Civil Action)(Israel, Gary) |
| Filing 24 First MOTION for Miscellaneous Relief, specifically Leave to take deposition by Sergio Fidel Franco Cabrera. (Attachments: #1 Proposed Summons Subpoena to Testify at a Deposition in a Civil Action)(Israel, Gary) |
| Filing 29 RECEIPT for surrender of Passport for Susy Anailsy Ochoa. Passport Number: SC7367063. Issuing Country: Dominican Republic. (SRD) |
| Filing 23 NOTICE OF HEARING: Evidentiary Hearing set for 10/21/2022 at 10:00 AM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. Petitioner is required to appear in person. (MEH) |
| Filing 22 Minute Entry. In Person Proceedings held before Judge Carlos E. Mendoza: STATUS CONFERENCE held on 10/7/2022. Court Reporter: Suzanne L. Trimble (MEH) |
| Filing 21 RECEIPT for surrender of Passport for Susy Anailsy Ochoa. Passport Number: 567552559. Issuing Country: United States. (SRD) |
| Filing 19 US Marshal 285 form as to #18 Court Order. (SPM) |
| Filing 17 Amended COMPLAINT - Amended Verified Petition for the Return of Minor Children Pursuant to International Treaty and Federal Statute against Susy Anailsy Ochoa Amarante filed by Sergio Fidel Franco Cabrera. (Attachments: #1 Exhibit #1. Copy of Child's Birth Certificate and English Translation, #2 Exhibit #2. Copies of relevant civil code sections in English as provided by the National Council for Childhood and Adolescence, #3 Exhibit #3 Certificate from "Colegio Dominico-Chino", the school where the child was enrolled in 2016 with English translation, #4 Exhibit #4 A copy of the Order from the Civil Court of Dominican Republic entered in 2014, establishing Petitioner's paternity, with English translation, #5 Exhibit #5. Certification from the National Council for Childhood and Adolescence of Dominican Republic, certified on August 15, 2022, that Respondent is illegally retaining the child in violation of Dominican Law and the English translation)(Israel, Gary) Modified on 10/3/2022 (SPM). |
| Filing 16 NOTICE OF HEARING: Status Conference set for 10/7/2022 at 2:00 PM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. (MEH) |
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Filing 15
ENDORSED ORDER granting 14 Motion for Petitioner to Appear Telephonically at the Status Conference hearing scheduled for October 7, 2022 at 2:00 P.M. before Judge Carlos E. Mendoza. Petitioner shall call 866-434-5269 five minutes before the hearing is scheduled to begin. Access Code: 4420602. Security Code: 100722. Failure to appear may result in the imposition of sanctions including, but not limited to, the dismissal of this action without further notice. Signed by Judge Carlos E. Mendoza on 9/27/2022. (MEH)
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| Filing 14 ORE TENUS MOTION for Petitioner to appear telephonically at the Status Conference hearing scheduled for October 7, 2022. (MEH) |
| Filing 13 Minute Entry. In Person Proceedings held before Judge Carlos E. Mendoza: STATUS CONFERENCE held on 9/27/2022. Court Reporter: Suzanne L. Trimble (MEH) |
| REFUND for duplicate payment. Receipt number AFLMDC-20028395 refunded in the amount of $ $402.00 paid to Merryle G. Israel.. (NLC) |
| Filing 12 NOTICE of Filing Attachments to Petitioner's Verified Petition by Sergio Fidel Franco Cabrera re #5 Complaint, (Attachments: #1 Exhibit A-1 Copy of Child's Birth Certificate with English translation, #2 Exhibit A-2 Copies of relevant civil codes as provided by National Counsel for the Childhood and Adolescence, on the Civil aspects of International Abduction., #3 Exhibit A-3 Copy of child's school enrollment letter with English translation, #4 Exhibit A-4 copy of paternity order from Civil Court of Dominican Republic, with English translation, #5 Exhibit A-5 Certification from National Council for Childhood and Adolescence of the Dominican Republic that Respondent is illegally retaining child in violation of Dominican Law, with English translation.)(Israel, Gary) Modified on 9/27/2022 (SPM). |
| Filing 11 NOTICE re 10 Order on Motion to Appear Telephonically. Petitioner shall call 866-434-5269 five minutes before the hearing is scheduled to begin. Access Code: 4420602. Security Code: 092722. Counsel must appear in person. (MEH) |
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Filing 10
ENDORSED ORDER granting in part #9 Motion for Petitioner to Appear Virtually. Petitioner may appear for the Court's September 27, 2022 Evidentiary Hearing by telephone. The Court will provide call-in instructions separately. Signed by Judge Carlos E. Mendoza on 9/26/2022. (VLC)
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| Filing 9 MOTION-Request for Petitioner to Appear Virtually via Video Conferencing for Hearing scheduled for September 27, 2022 at 10:00 am by Sergio Fidel Franco Cabrera. (Israel, Gary) Modified on 9/26/2022 (SPM). |
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Filing 8
ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Embry J. Kidd on 9/26/2022. (PML)
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| Filing 7 NOTICE OF HEARING: Evidentiary Hearing set for 9/27/2022 at 10:00 AM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. The Court has reserved 1-hour for the hearing. (MEH) |
| Filing 5 COMPLAINT - Verified Petition for the Return of Minor Children Pursuant to International Treaty and Federal Statute against Susy Anailsy Ochoa Amarante (Filing fee $402 receipt number AFLMDC-20028395) filed by Sergio Fidel Franco Cabrera.(Israel, Gary) Modified on 9/23/2022 (SPM). |
| Filing 4 SUMMONS issued as to Susy Anailsy Ochoa Amarante. (SPM) |
| Filing 3 NEW CASE ASSIGNED to Judge Carlos E. Mendoza and Magistrate Judge Embry J. Kidd. New case number: 6:22-cv-1743-CEM-EJK. (SJB) |
| Filing 1 COMPLAINT-Verified Petition for the Return of Minor Children Pursuant to International Treaty and Federal Statute against Susy Anailsy Ochoa Amarante (Filing fee $402 receipt number AFLMDC-20027367) filed by Sergio Fidel Franco Cabrera. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Israel, Gary) Modified on 9/23/2022 (SPM). |
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