Fuenmayor v. Escalona
Petitioner: Henry Alexander Fuenmayor
Respondent: Vanessa Andreina Escalona
Case Number: 6:2023cv02387
Filed: December 13, 2023
Court: US District Court for the Middle District of Florida
Presiding Judge: Carlos E Mendoza
Referring Judge: Robert M Norway
Nature of Suit: Other Statutory Actions
Cause of Action: 42 U.S.C. § 11601 International Child Abduction Remedies Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 31, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 31, 2024 Filing 23 RECEIPT for return of Birth Certificates and Social Security Cards to Vanessa Andreina Escalona re #22 ORDER.(EAM)
January 23, 2024 Opinion or Order Filing 22 ORDER- The Verified Petition for the Return of Child (Doc. 1) is DENIED. The Temporary Restraining Order (Doc. 2) is DISSOLVED. The Clerk is directed to release the Respondent's and Child's documents to Respondent or her legal counsel and to close this case. Signed by Judge Carlos E. Mendoza on 1/23/2024. (MEH)
January 17, 2024 Filing 21 Exhibit List (Evidentiary Hearing) by Henry Alexander Fuenmayor. (MEH) (Additional attachment(s) added on 1/18/2024: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (MEH).
January 17, 2024 Filing 20 Minute Entry. In Person Proceedings held before Judge Carlos E. Mendoza: Evidentiary Hearing held on 1/17/2024. Court Reporter: Suzanne L. Trimble Interpreter: Jesse Lenor/ Claudia Villalba (MEH)
January 16, 2024 Filing 19 NOTICE of hearing: Continued Evidentiary Hearing set for 1/17/2024 at 1:30 PM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. Respondent's witness who will be testifying via phone shall call 866-434-5269 five minutes before the hearing is scheduled to begin. Access Code: 4420602. Security Code: 011724. (MEH)
January 16, 2024 Filing 18 Minute Entry. In Person Proceedings held before Judge Carlos E. Mendoza: Evidentiary Hearing (Day One) held on 1/16/2024. Court Reporter: Suzanne L. TrimbleInterpreter: Etienne Van Hissenhoven/ Claudia Villalba (MEH)
January 15, 2024 Filing 17 MEMORANDUM in support re #1 Complaint filed by Henry Alexander Fuenmayor. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Searle, Andrew)
January 12, 2024 Filing 16 ANSWER to #1 Complaint by Vanessa Andreina Escalona. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Ross, Kevin)
December 21, 2023 Filing 15 NOTICE OF RESCHEDULING HEARING: The Evidentiary Hearing previously scheduled for 01/10/2024 is rescheduled. New scheduling date and time: Evidentiary Hearing set for 1/16/2024 at 1:30 PM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. (MEH)
December 21, 2023 Filing 14 Minute Entry. Telephonic Proceedings held before Judge Carlos E. Mendoza: STATUS CONFERENCE held on 12/21/2023. Court Reporter: Suzanne L. Trimble (MEH)
December 20, 2023 Filing 13 NOTICE OF RESCHEDULING HEARING (AS TO TIME ONLY): The Telephonic Status Conference hearing previously scheduled for 12/21/2023 at 12:00 P.M. is rescheduled. New hearing time: Telephonic Status Conference set for 12/21/2023 at 2:00 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: 122123. (MEH)
December 19, 2023 Opinion or Order Filing 12 ENDORSED ORDER directing the Clerk to seal the #1 Petition and all attachments thereto for the reasons stated in the Court's #2 Order. Signed by Judge Carlos E. Mendoza on 12/19/2023. (KMS)
December 15, 2023 Filing 11 RECEIPT for surrender of Vanessa Andreina Escalona Social Security Card, and Birth Certificate and Social Security Card as to Minor Child A.A.F.E.(JG) Modified on 12/19/2023 (JG).
December 15, 2023 Filing 10 US Marshal 285 form for Social Security Cards. (ARL)
December 15, 2023 Opinion or Order Filing 9 ENDORSED ORDER- Kevin K. Ross-Andino of the Eclat Law Firm, 307 Cranes Roast Blvd, Suite 2010 Altamonte Springs, FL 32701, (407) 636-7004, kevin.ross@eclatlaw.com, is appointed on a pro bono basis to represent Respondent for the limited purpose of this proceeding, which is scheduled for a Telephonic Status Conference on December 21, 2023 at 12:00 P.M. Signed by Judge Carlos E. Mendoza on 12/15/2023. (MEH)
December 15, 2023 Opinion or Order Filing 8 ENDORSED ORDER- Andrew Searle of the Searle Law Firm, 200 East Robinson Street, Orlando FL 32801, (407) 952-0642, andrew@searle-law.com, is appointed on a pro bono basis to represent Petitioner for the limited purpose of this proceeding, which is scheduled for a Telephonic Status Conference on December 21, 2023 at 12:00 P.M. Signed by Judge Carlos E. Mendoza on 12/15/2023. (MEH)
December 15, 2023 Filing 7 NOTICE of Lead Counsel Designation by Kevin Kenneth Ross on behalf of Vanessa Andreina Escalona. Lead Counsel: Kevin Ross-Andino. (Ross, Kevin)
December 15, 2023 Filing 6 NOTICE OF HEARING: In-Person Evidentiary Hearing set for 1/10/2024 at 1:30 PM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. (MEH)
December 15, 2023 Filing 5 NOTICE OF HEARING: Telephonic Status Conference set for 12/21/2023 at 12:00 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: 122123.(MEH)
December 15, 2023 Filing 4 Minute Entry. Virtual Proceedings held before Judge Carlos E. Mendoza: STATUS CONFERENCE held on 12/15/2023. Court Reporter: Suzanne L. Trimble/ Interpreter: Etienne Van Hissenhoven/ Spanish (MEH)
December 14, 2023 Filing 3 NOTICE OF HEARING: Status Conference set for 12/15/2023 at 9:30 AM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. Petitioner and Respondent will be permitted to appear via video conference. A Zoom invitation will be sent to the parties via separate email. The Court will provide a Spanish Interpreter. (MEH)
December 14, 2023 Opinion or Order Filing 2 ORDER- It is ORDERED and ADJUDGED as follows: To the extent the Verified Petition for the Return of Child (Doc. 1), requests an "interim order prohibiting the Respondent from removing [Petitioner's] son from the jurisdiction during these proceedings" it is GRANTED. The United States Marshal shall serve Respondent with a copy of the Petition, all attachments, and this Order on December 14, 2023. Such service shall be made at Respondent's address: 2522 Isabela Terrace, Kissimmee, Florida 34743. In the event that the United States Marshal is unable to serve the Respondent in accordance with this paragraph, the United States Marshal shall promptly notify the Court. At the time this Order is served on Respondent, Respondent shall surrender all of her travel documents and any travel documents of the Child, including, but not limited to: United States passports, Venezuelan passports, birth certificates, travel visas, and social security cards. Any and all travel documents seized by the United States Marshal shall be held by the Clerk of the Court pending further order of the Court. Until further order of the Court, Respondent shall not take any action, or aid and abet others to take any action, to remove the Child from the jurisdiction of this Court or to obtain replacement travel documents for herself or the Child. If Respondent changes her residence or the residence of the Child, she shall immediately advise the Court of the new address. This matter is set for a remote initial status conference on Friday, December 15, 2023, at 9:30 AM in Courtroom 5B, George C. Young United States Courthouse Annex, 401 W. Central Boulevard, Orlando, Florida, before the Honorable Carlos E. Mendoza. Instructions for logging into the conference will be issued separately. Signed by Judge Carlos E. Mendoza on 12/14/2023. (MEH)
December 13, 2023 Filing 1 COMPLAINT against Vanessa Andreina Escalona Filing fee $405, receipt number ORL110181 filed by Henry Alexander Fuenmayor. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (chambers notified)(ARL)

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Petitioner: Henry Alexander Fuenmayor
Represented By: Andrew C. Searle
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Respondent: Vanessa Andreina Escalona
Represented By: Kevin Kenneth Ross
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