Jul Erson v. Mendez De Erson
| Ricky Jul Erson |
| Luz Marina Mendez De Erson |
| Julie Farach |
| 0:2024cv60168 |
| January 30, 2024 |
| US District Court for the Southern District of Florida |
| Raag Singhal |
| Jared M Strauss |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Federal Question |
| None |
Docket Report
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This docket was last retrieved on March 25, 2024. A more recent docket listing may be available from PACER.
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Filing 39
ORDER Dismissing Case (With Prejudice) . Case Closed. Signed by Judge Raag Singhal on 3/25/2024. See attached document for full details. (nwn)
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| Filing 38 NOTICE of Settlement by Luz Marina Mendez De Erson (Arcaro, Timothy) |
| Filing 37 SETTLEMENT AGREEMENT by Luz Marina Mendez De Erson (Arcaro, Timothy) |
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Filing 36
ORDER re #34 Settlement Agreement filed by Luz Marina Mendez De Erson. The parties SHALL file an amended stipulation for entry of final order that includes a stipulation of dismissal signed by all parties who have appeared, including Guardian Ad Litem Julie Farach, no later than Wednesday, March 27, 2024. Signed by Judge Raag Singhal on 3/19/2024. See attached document for full details. (nwn)
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| Filing 35 NOTICE of Settlement by Luz Marina Mendez De Erson (Arcaro, Timothy) |
| Filing 34 SETTLEMENT AGREEMENT by Luz Marina Mendez De Erson (Arcaro, Timothy) |
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Filing 33
ORDER ADMINISTRATIVELY CLOSING CASE. The above-styled action is administratively CLOSED without prejudice to the parties to file a stipulation for dismissal and executed settlement agreement by March 20, 2024. Signed by Judge Raag Singhal on 3/18/2024. See attached document for full details. (nwn)
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Filing 32
PAPERLESS ORDER. In light of the parties' settlement (which is in the process of being finalized), all deadlines in this case are hereby STAYED. Signed by Magistrate Judge Jared M. Strauss on 3/15/2024. (emd)
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| Filing 31 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Alicia O. Valle: Settlement Conference held on 3/13/2024.. All parties and their interpreters were present. The parties settled the case. The parties must file the executed Settlement Agreement by Wednesday, March 20, 2024. Total time in court: 4 hour(s). Attorney Appearance(s): Michael Bruce Cohen, Timothy Lee Arcaro, Other appearances: Guardian ad litem Julie Farach, Respondent Luz Mendez de Erson, Petitioner Ricky Jul Erson. (Audio Zoom Meeting 160 217 0241) (tpl) |
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Filing 30
ORDER APPOINTING GUARDIAN AD LITEM. The Stipulation #29 is APPROVED. Julie Farach appointed. Signed by Magistrate Judge Jared M. Strauss on 3/4/2024. See attached document for full details. (nwn)
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| Filing 29 STIPULATION/Motion to Appoint Guardian Ad Litem by Luz Marina Mendez De Erson (Arcaro, Timothy) Modified event on 3/5/2024 (nwn). |
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Filing 28
PAPERLESS ORDER. The Court has reviewed Respondent's Answer, which states that "[t]he minor child needs a court-appointed Guardian ad Litem to investigate the child's allegations." Accordingly, the Court hereby orders counsel for the parties to promptly meet and confer regarding whether they agree to the appointment of a guardian ad litem, and if so, whether they agree on who should be appointed as the guardian ad litem. By 3/4/2024, the parties shall file a joint notice indicating what agreement(s) they have reached regarding the appointment of a guardian ad litem. To the extent the parties agree on the appointment of a specific individual to serve as a guardian ad litem, the parties' notice should confirm that they have contacted that individual and that the individual is willing to be appointed as a guardian ad litem on a pro bono basis. Signed by Magistrate Judge Jared M. Strauss on 2/28/2024. (emd)
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| Filing 27 ANSWER and Affirmative Defenses to Complaint by Luz Marina Mendez De Erson. (Arcaro, Timothy) |
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Filing 26
ORDER SETTING SETTLEMENT CONFERENCE. Telephonic Settlement Conference set for 3/13/2024 at 2:00 PM in Fort Lauderdale Division before Magistrate Judge Alicia O. Valle. Signed by Magistrate Judge Alicia O. Valle on 2/21/2024. See attached document for full details. (sd01)
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| Filing 25 CASE REFERRED to Magistrate Judge Alicia O. Valle for settlement conference (see DE #24 ). (emd) |
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Filing 24
ORDER granting in part and denying in part #21 Defendant's Unopposed Motion for Referral to Settlement/Mediation Conference, to Continue Final Hearing, and to Permit Certified Legal Interns to Appear as Counsel of Record. Final Evidentiary Hearing continued to 3/29/2024 at 9:00 AM in Fort Lauderdale Division before Magistrate Judge Jared M. Strauss. Signed by Magistrate Judge Jared M. Strauss on 2/20/2024. See attached document for full details. (emd)
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| Filing 23 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jared M. Strauss: Status Conference held on 2/20/2024. Attorney Appearance(s): Michael Bruce Cohen, Timothy Lee Arcaro. (Digital ZOOM recorded) (emd) |
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Filing 22
PAPERLESS ORDER Setting Status Conference via Zoom for 2/20/2024 at 3:30 PM before Magistrate Judge Jared M. Strauss. Counsel should join the Zoom session by 3:25 PM using the Meeting ID (160 073 2723) and Passcode (0154). The Court will address DE #21 at the status conference. Signed by Magistrate Judge Jared M. Strauss on 2/16/2024. (emd)
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| Filing 21 Unopposed MOTION to Continue by Luz Marina Mendez De Erson. Responses due by 3/1/2024. (Arcaro, Timothy) |
| Filing 20 NOTICE of Attorney Appearance by Timothy Lee Arcaro on behalf of Luz Marina Mendez De Erson. Attorney Timothy Lee Arcaro added to party Luz Marina Mendez De Erson(pty:res). (Arcaro, Timothy) |
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Filing 19
ORDER Setting Final Evidentiary Hearing for 3/4/2024 at 1:00 PM in Fort Lauderdale Division before Magistrate Judge Jared M. Strauss; denying as moot #4 Petitioner's Ex Parte Motion Under Hague Convention Requesting Injunctive Relief, for Entry of a TRO, Application for Warrant Seeking Physical Custody of Children, and Scheduling of an Expedited Hearing. Signed by Magistrate Judge Jared M. Strauss on 2/9/2024. See attached document for full details. (emd)
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| Filing 18 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jared M. Strauss: Show Cause Hearing held on 2/9/2024, Court advised the respondent of the allegations contained in the Petition. Respondent will try to hire an attorney. Written Response to be filed by 2/28/2024 (Evidentiary Hearing set for 3/4/2024 AT 01:00 PM in Fort Lauderdale Division before Magistrate Judge Jared M. Strauss.) If hearing is continued, to be set for 3/5/2024. Parties will be notified of Courtroom. Attorney Appearance(s): Attorney Michael Bruce Cohen, Petitioner: Ricky Jul Erson appeared by phone. Respondent: Luz Marina Mendez De Erson present in Court. Interpreter: Silvia Garcia Rodriguez present in Court. (Interpreter from Solutions Agency) Court Reporter: Bailey-Entin Reporting, 954-745-9511 / trish@bereporting.com. (at) |
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Filing 17
PAPERLESS ORDER re DE #10 . The hearing scheduled for 2/9/2024 at 1:30 PM in the Fort Lauderdale Division before Magistrate Judge Jared M. Strauss will be held in Courtroom 110. Signed by Magistrate Judge Jared M. Strauss on 2/8/2024. (emd)
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| Filing 16 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 Luz Marina Mendez De Erson served on 2/6/2024, response/answer due 2/27/2024. (nwn) |
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Filing 15
PAPERLESS ORDER granting #13 Motion for Leave to Appear, to the extent that Petitioner may listen to the 2/9/2024 hearing by phone. Petitioner may access the hearing using the following dial-in information: Dial-in Number (888) 557-8511; Access Code 9883094. Nobody other than Petitioner, Ricky Jul Erson, will be permitted to dial into the hearing. Signed by Magistrate Judge Jared M. Strauss on 2/5/2024. (emd)
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| Filing 14 Clerk's Notice to Filer re #13 Miscellaneous Relief. Filer Selected the Wrong Motion Relief(s); ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (cds) |
| Filing 13 MOTION TO PERMIT PETITIONER TO APPEAR BY ZOOM AT THE INITIAL SHOW CAUSE HEARING SET FOR FEBRUARY 9, 2024, AT 1:30 PM by Ricky Jul Erson. (Cohen, Michael) Modified Relief on 2/5/2024 (cds). |
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Filing 12
PAPERLESS ORDER. Petitioner's counsel shall confer with his client to ascertain whether Respondent speaks fluent English. If necessary, Petitioner's counsel shall arrange for an interpreter to be present at the 2/9/2024 hearing. Signed by Magistrate Judge Jared M. Strauss on 2/2/2024. (emd)
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| Filing 11 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by Ricky Jul Erson (Cohen, Michael) |
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Filing 10
ORDER TO SHOW CAUSE AND ORDER SETTING HEARING. Hearing set for 2/9/2024 at 1:30 PM in Fort Lauderdale Division (Courtroom 205C) before Magistrate Judge Jared M. Strauss. Signed by Magistrate Judge Jared M. Strauss on 2/1/2024. See attached document for full details. (emd)
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Filing 9
ORDER OF REFERRAL to Magistrate Judge Jared M. Strauss for disposition of all non-dispositive motions and report and recommendation on dispositive motions. Motions referred to Judge Jared M. Strauss. Signed by Judge Raag Singhal on 2/1/2024. See attached document for full details. (cds)
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| Filing 8 NOTICE OF COURT PRACTICEUnless otherwise specified by the Court, every motion, legal memorandum, brief, and otherwise shall: be double-spaced, in justified alignment, in 12-point font, using either Times New Roman or Arial typeface. This Notice does not supplant the requirements and provisions of Local Rule 7.1(c). The Court cautions parties against excessive use of footnotes.Multiple Plaintiffs or Defendants shall file joint motions (and responses to motions) with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions (and responses).Parties are encouraged to seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing; no motion is, unless expressly provided for by the applicable rule. Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted).Exhibits to pleadings and motions shall be docketed in accordance with the Courts CM/ECF procedures, Rule 3L.(2): (2) Describing an Attachment to a Docket EntryA party filing an attachment to a document shall select one of the prescribed attachment categories from the drop-down menu (e.g., affidavit, transcript), provide an alphabetical or numerical designation (e.g., Exhibit A, Exhibit 1), and descriptively name each attachment (e.g., Exhibit 1 - Affidavit of Boo Radley) in a manner that enables the Court to easily locate and distinguish attachments. (Emphasis added.) Local Rule 16.4, Local Rules for the United States District Court for the Southern District of Florida, requires that a Notice of Settlement "shall be filed and served jointly by counsel for all parties to the settlement." A unilateral notice of settlement will not stay pre-trial deadlines or hearings.Failure to comply with any of these procedures may result in the imposition of appropriate sanctions. Signed by Judge Raag Singhal on 2/1/2024. (lp00) |
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Filing 7
PAPERLESS ORDER TO FILE CERTIFICATE OF INTERESTED PERSONSWithin SEVEN (7) DAYS of entry of an appearance, each party, including governmental parties, must file certificates of interested parties and corporate disclosure statements that contain a complete list of persons, associated persons, firms, partnerships, or corporations that have a financial interest in the outcome of this case, including subsidiaries, conglomerates, affiliates, parent corporations, and other identifiable legal entities related to a party. The parties shall not include Judge Singhal or the paired magistrate judges unless they have an interest in the litigation. Throughout the pendency of the action, the parties are under a continuing obligation to amend, correct, and update the certificates. Signed by Judge Raag Singhal on 2/1/2024. (lp00)
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| Filing 6 Clerk's Notice Re Expedited Review - Pursuant to Court policy, petitions filed under The Hague Convention and ICARA should be resolved within six-weeks from the initial filing of the petition. See Internal Operating Procedures, Section 2.18.00, on the Courts website. (vjk) |
| Filing 5 PLAINTIFF/PETITIONER'S BRIEF IN SUPPORT OF EX PARTE MOTION UNDER THE HAGUE CONVENTION FOR ENTRY OF A TRO, APPLICATION FOR WARRANT SEEKING PHYSICAL CUSTODY OF CHILD, AND SCHEDULING OF AN EXPEDITED HEARING re #4 MOTION for Temporary Restraining Order, MOTION for Hearing MOTION Warrant Seeking Physical Custody by Ricky Jul Erson. (nwn) |
| Filing 4 PLAINTIFF/PETITIONER'S EX PARTE MOTION UNDER HAGUE CONVENTION REQUESTING INJUNCTIVE RELIEF; FOR ENTRY OF A TRO, APPLICATION FOR WARRANT SEEKING PHYSICAL CUSTODY OF CHILDREN, AND SCHEDULING OF AN EXPEDITED HEARING; AND FEDERAL RULE 65(b) AND CERTIFICATE OF COUNSEL ( Responses due by 2/14/2024.) by Ricky Jul Erson. (nwn) |
| Filing 3 Summons Issued as to Luz Marina Mendez De Erson. (nwn) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Raag Singhal. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jared M. Strauss is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (nwn) |
| Filing 1 COMPLAINT against Luz Marina Mendez De Erson. Filing fees $ 405.00 receipt number AFLSDC-17253091, filed by Ricky Jul Erson. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Memorandum BRIEF IN SUPPORT OF EX PARTE MOTION, #4 Memorandum PLAINTIFF/PETITIONER'S EX PARTE MOTION UNDER HAGUE CONVENTION REQUESTING INJUNCTIVE RELIEF; FOR ENTRY OF A TRO, APPLICATION FOR WARRANT SEEKING PHYSICAL CUSTODY OF CHILDREN, AND SCHEDULING OF AN EXPEDITED HEARING; AND FEDERAL RULE 65(b) AND CERTIFICATE OF COUNSEL)(Cohen, Michael) |
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