Da Silva Ascanio v. Diaz Crespo
| Jose Alexander Da Silva Ascanio |
| Mery Alejandra Diaz Crespo |
| 1:2021cv23396 |
| September 22, 2021 |
| US District Court for the Southern District of Florida |
| Marcia G Cooke |
| John J O'Sullivan |
| Other Statutory Actions |
| 42 U.S.C. § 11601 |
| None |
Docket Report
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This docket was last retrieved on June 2, 2022. A more recent docket listing may be available from PACER.
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Filing 54
ORDER ON PETITION FOR RETURN PURSUANT TO THE HAGUE CONVENTION. Signed by Judge Marcia G. Cooke See attached document for full details. (bai)
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| Filing 52 NOTICE of Correspondence to Chambers by Jose Alexander Da Silva Ascanio. (scn) |
| SYSTEM ENTRY - Docket Entry 53 [misc] restricted/sealed until further notice. (nc) |
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Filing 51
ENDORSED ORDER denying as moot #18 Motion. See ECF No. 43. Signed by Judge Marcia G. Cooke (bai)
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| Filing 50 TRIAL EXHIBITS 14, 15, 16, 17, 18 by Jose Alexander Da Silva Ascanio. (Attachments: #1 Exhibit 14, #2 Exhibit 15, #3 Exhibit 16, #4 Exhibit 17, #5 Exhibit 18)(Arcaro, Laura) |
| Filing 49 Proposed Findings of Fact and Proposed Conclusions of Law by Jose Alexander Da Silva Ascanio. (Arcaro, Laura) |
| Filing 48 Proposed Findings of Fact and Proposed Conclusions of Law by Mery Alejandra Diaz Crespo. (Serrano, Jessica) |
| Filing 47 PAPERLESS Minute Entry for proceedings held before Judge Marcia G. Cooke: Evidentiary Hearing held on 10/21/2021. Total time in court: 1 hour: 15 minutes. Attorney Appearances: Laura Miller Arcaro, Jessica Serrano. Court Reporter: Jill Wells, 305-523-5158 / Jill_Wells@flsd.uscourts.gov. (im) |
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Filing 45
ORDER: Closing arguments set for 10/22/2021 10:00 AM in Miami Division before Judge Marcia G. Cooke. Furthermore, the Parties are to file, onor before Monday, October 25, 2021 at 5:00p.m., proposed findings of fact and conclusions of law. Signed by Judge Marcia G. Cooke on 10/21/2021. See attached document for full details. (scn)
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| Filing 46 PAPERLESS Minute Entry for proceedings held before Judge Marcia G. Cooke: Evidentiary Hearing held on 10/20/2021. Total time in court: 2 hours. Attorney Appearances: Laura Miller Arcaro, Jessica Serrano. Court Reporter: Jill Wells, 305-523-5158 / Jill_Wells@flsd.uscourts.gov. (im) |
| Filing 44 RESPONSE TO ORDER TO SHOW CAUSE re #39 Order Setting/Cancelling Hearing,, Proposed Questions for the Child S.D.S. to #39 Order Setting/Cancelling Hearing, by Mery Alejandra Diaz Crespo. (Serrano, Jessica) |
| Filing 43 Amended RESPONSE to #39 Order Setting/Cancelling Hearing, Response for Testimony and availability by Mery Alejandra Diaz Crespo. (Serrano, Jessica) |
| Filing 42 Defendant's RESPONSE to #39 Order Setting/Cancelling Hearing, Response for Testimony and availability by Mery Alejandra Diaz Crespo. (Serrano, Jessica) |
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Filing 39
Order: The Court will continue to hear testimony in this matter on Wednesday, October 20, 2021 from 9:30a.m. to 11:30a.m. before Judge Marcia G. Cooke. Signed by Judge Marcia G. Cooke on 10/19/2021. See attached document for full details. (scn)
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| Filing 41 PAPERLESS Minute Entry for proceedings held before Judge Marcia G. Cooke: Evidentiary Hearing held on 10/18/2021. Total time in court: 4 hours. Attorney Appearances: Laura Miller Arcaro, Jessica Serrano. Court Reporter: Jill Wells, 305-523-5158 / Jill_Wells@flsd.uscourts.gov. (im) |
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Filing 38
ENDORSED ORDER. The hearing scheduled to take place today is accessible through the link below. https://www.zoomgov.com/j/1618700831?pwd=NjhEMGtveE5ITmU4M25USjc0eVVUUT09 Meeting ID: 161 870 0831 Passcode: 824713 Signed by Judge Marcia G. Cooke (bai)
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| Filing 37 RESPONSE in Opposition re #18 Defendant's MOTION Respondent Motion for Court Requiring Disclosure of Protected Health Information filed by Jose Alexander Da Silva Ascanio. Replies due by 10/25/2021. (Arcaro, Laura) |
| Filing 36 MEMORANDUM in Support For Court Order Requiring Disclosure of Protected Health Information by Mery Alejandra Diaz Crespo. (Serrano, Jessica) |
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Filing 35
Order Requiring Additional Briefing. Signed by Judge Marcia G. Cooke See attached document for full details. (bai) Modified Text on 10/18/2021 (ls).
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| Filing 40 PAPERLESS Minute Entry for proceedings held before Judge Marcia G. Cooke: Evidentiary Hearing held on 10/15/2021. Total time in court: 4 hours. Attorney Appearances: Laura Miller Arcaro, Jessica Serrano. Court Reporter: Jill Wells, 305-523-5158 / Jill_Wells@flsd.uscourts.gov. (im) |
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Filing 33
ENDORSED ORDER. The hearing, which will begin at 10:30a.m., is accessible through the link below. The Court has a hearing directly before this hearing is scheduled to begin, so the Parties should not log in until 10:30a.m. Join ZoomGov Meeting https://www.zoomgov.com/j/1617694100?pwd=TkxPWlhDNUdrNHFpSzRnbSs1WVpzUT09 Meeting ID: 161 769 4100 Passcode: 375357 Signed by Judge Marcia G. Cooke (bai)
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| Filing 34 PAPERLESS Minute Entry for proceedings held before Judge Marcia G. Cooke: Evidentiary Hearing held on 10/14/2021. Total time in court: 3 hours. Attorney Appearances: Laura Miller Arcaro, Jessica Serrano. Court Reporter: Jill Wells, 305-523-5158 / Jill_Wells@flsd.uscourts.gov. (im) |
| Filing 32 Notice of Supplemental Authority re #31 Response in Opposition to Motion for Court Order Requiring Disclosure of Child's Protected Health Information by Jose Alexander Da Silva Ascanio (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13) (Arcaro, Laura) |
| Filing 31 RESPONSE in Opposition re #18 Defendant's MOTION Respondent Motion for Court Requiring Disclosure of Protected Health Information filed by Jose Alexander Da Silva Ascanio. Replies due by 10/20/2021. (Arcaro, Laura) |
| Filing 30 TRIAL EXHIBITS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 17, 18, by Jose Alexander Da Silva Ascanio. (Attachments: #1 Exhibit P-1, #2 Exhibit P-2, #3 Exhibit P-3, #4 Exhibit P-4, #5 Exhibit P-5, #6 Exhibit P-6, #7 Exhibit P-7, #8 Exhibit P-8, #9 Exhibit P-9, #10 Exhibit P-10, #11 Exhibit P-11, #12 Exhibit P-17, #13 Exhibit P-18)(Arcaro, Laura) |
| Filing 29 MEMORANDUM in Support re #18 Defendant's MOTION Respondent Motion for Court Requiring Disclosure of Protected Health Information by Mery Alejandra Diaz Crespo. (Serrano, Jessica) |
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Filing 28
ENDORSED ADMINISTRATIVE ORDER. The hearing scheduled for Thursday, October 14, 2021, at 9:30a.m. is accessible through the links below. Join ZoomGov Meeting https://www.zoomgov.com/j/1610940051?pwd=V05qWW5XVFM4QmpqT0p0MHVJSElBUT09 Meeting ID: 161 094 0051 Passcode: 521397Join by Skype for Business https://www.zoomgov.com/skype/1610940051 All parties should log in to the meeting at least 10 minutes before the hearing begins. Signed by Judge Marcia G. Cooke (bai)
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| Filing 27 HEARING EXHIBITS Proposed 1, 2, 4 by Mery Alejandra Diaz Crespo. (Attachments: #1 Exhibit R-1 Correspondence from Portugal Attorney, #2 Exhibit R-2 Portugal Court Parent Minute Conference, #3 Exhibit R-4 Custom Vorder Patrol I-94 Visa Status)(Serrano, Jessica) |
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Filing 26
ENDORSED ORDER. The Court would like the Parties to file, before the end of the day today, all other exhibits they plan to introduce during the rest of the hearing. Signed by Judge Marcia G. Cooke (bai)
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| Filing 25 First CERTIFICATE of Compliance Re Admitted Evidence for exhibit(s): R-1 Admitted at October 12, 2021 hearing by Jessica Serrano on behalf of Mery Alejandra Diaz Crespo (Attachments: #1 Exhibit R-1 Domestic Violence Report) (Serrano, Jessica) |
| Filing 24 HEARING EXHIBITS Admitted at October 12, 2021 hearing 1 by Mery Alejandra Diaz Crespo. (Attachments: #1 Exhibit R-1 Domestic Violence Report)(Serrano, Jessica) |
| Filing 23 Red lined Amended ANSWER and Affirmative Defenses to Complaint Petition For the Return of the Minor Children to Portugal Pursuant to the Hague Convention on the Civil Aspects of International Child Abduction by Mery Alejandra Diaz Crespo. (Serrano, Jessica) |
| Filing 22 Amended ANSWER and Affirmative Defenses to Complaint Petition For the Return of the Minor Children to Portugal Pursuant to the Hague Convention on the Civil Aspects of International Child Abduction by Mery Alejandra Diaz Crespo. (Serrano, Jessica) |
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Filing 21
Post-Hearing Administrative Order Signed by Judge Marcia G. Cooke See attached document for full details. (bai)
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Filing 20
ENDORSED ADMINISTRATIVE ORDER. The hearing scheduled for Tuesday, October 12, 2021, at 11:00a.m. is accessible through the links below. Join ZoomGov Meeting https://www.zoomgov.com/j/1603157311?pwd=YWY4VTJ1a2hiZHlWeHhIaTdtL0Jsdz09Meeting ID: 160 315 7311Passcode: 915958 Join by Skype for Business https://www.zoomgov.com/skype/1603157311All parties should log in to the meeting at least 10 minutes before the hearing begins. Signed by Judge Marcia G. Cooke (bai)
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Filing 19
Administrative Order Signed by Judge Marcia G. Cooke See attached document for full details. (bai)
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| Filing 18 Defendant's MOTION Respondent Motion for Court Requiring Disclosure of Protected Health Information by Mery Alejandra Diaz Crespo. (Serrano, Jessica) |
| Filing 17 Defendant's MOTION Request for Judicial Notice by Mery Alejandra Diaz Crespo. (Serrano, Jessica) |
| Filing 16 Exhibit and Witness List Joint Witness and Exhibit List by Jose Alexander Da Silva Ascanio.. (Arcaro, Laura) |
| Filing 15 ANSWER and Affirmative Defenses to Complaint Petition by Mery Alejandra Diaz Crespo. (Serrano, Jessica) |
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Filing 14
ORDER OF REFERRAL AND ORDER REGARDING COURT PRACTICES AND PROCEDURES: ORDER REFERRING CASE to Magistrate Judge John J. O'Sullivan for Discovery matters. Signed by Judge Marcia G. Cooke on 10/5/2021. See attached document for full details. (scn)
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Filing 13
ORDER SETTING CERTAIN DEADLINES AND HEARINGS: Preliminary Evidentiary Hearing set for 10/12/2021 at 10:00 AM before Judge Marcia G. Cooke. Mery Alejandra Diaz Crespo's response to the Verified Petition is due 10/5/2021. Signed by Judge Marcia G. Cooke on 10/1/2021. See attached document for full details. (scn)
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Filing 12
ENDORSED ADMINISTRATIVE ORDER. The hearing scheduled for Friday, October 1, 2021, at 10:00a.m. is accessible through the links below. Join ZoomGov Meeting https://www.zoomgov.com/j/1607169088?pwd=dFg1Vi8rNHh1WEpFM0xtK1ZWdHlwZz09Meeting ID: 160 716 9088Passcode: 203454Join by Skype for Business https://www.zoomgov.com/skype/1607169088All parties should log in to the meeting at least 10 minutes before the hearing begins. Signed by Judge Marcia G. Cooke (bai)
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| Filing 11 NOTICE of Attorney Appearance by Jessica Serrano on behalf of Mery Alejandra Diaz Crespo. Attorney Jessica Serrano added to party Mery Alejandra Diaz Crespo(pty:dft). (Serrano, Jessica) |
| Filing 10 ACKNOWLEDGMENT OF SERVICE on Mery Alejandra Diaz Crespo re #8 Order Directing USM to Serve. (scn) |
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Filing 9
ENDORSED ORDER denying as moot #4 and #6 Motions. See ECF Nos. 3&8. Signed by Judge Marcia G. Cooke (bai)
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Filing 8
ORDER OF REFERRAL AND ORDER REGARDING COURT PRACTICES IN CASES INVOLVING THE HAGUE CONVENTION: ORDER REFERRING CASE to Ch. Magistrate Judge John J. O'Sullivan for Pretrial Non-Dispositive Matters. Show Cause Hearing set for 10/1/2021 10:00 AM before Judge Marcia G. Cooke. The U.S. Marshals will serve Respondent with a copy of this Order, a copy of the Petition, and all attachments and other filings by September 27, 2021. Motions referred to Judge John J. O'Sullivan. Signed by Judge Marcia G. Cooke on 9/23/2021. See attached document for full details. (scn)
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| Filing 7 CERTIFICATE of Counsel re #1 Complaint,,, #6 Plaintiff's MOTION to Expedite Consideration of Verified Petition for Return and for Issuance of Show Cause Order by Laura Miller Arcaro on behalf of Jose Alexander Da Silva Ascanio (Arcaro, Laura) |
| Filing 6 Plaintiff's MOTION to Expedite Consideration of Verified Petition for Return and for Issuance of Show Cause Order by Jose Alexander Da Silva Ascanio. (Attachments: #1 Text of Proposed Order Order to Show Cause, Order Directing Service by U.S. Marshal, and Issuance of Temporary Restraining Order)(Arcaro, Laura) |
| Filing 5 NOTICE of Attorney Appearance by Laura Miller Arcaro on behalf of Jose Alexander Da Silva Ascanio (Arcaro, Laura) |
| Filing 4 Plaintiff's MOTION for Appointment of Special Process Server U.S. Marshals Service by Jose Alexander Da Silva Ascanio. Responses due by 10/7/2021 (Arcaro, Laura) |
| Filing 3 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 2 Clerks Notice of Judge Assignment to Judge Marcia G. Cooke. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge John J. O'Sullivan 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. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (scn) |
| Filing 1 COMPLAINT Verified Petition for Return of Minor Children to Portugal Pursuant to The Hague Convention on the Civil Aspects of International Child Abudction against Mery Alejandra Diaz Crespo. Filing fees $ 402.00 receipt number AFLSDC-15033666, filed by Jose Alexander Da Silva Ascanio. (Attachments: #1 Exhibit Marriage Certificate, #2 Exhibit SDS birth certificate, #3 Exhibit ADC birth certificate, #4 Exhibit Application Initiating Proceedings for Regulation of Parental Responsibility, #5 Exhibit Crime Report May 1, 2021, #6 Exhibit Hague Convention Application for Return, #7 Exhibit Voluntary Return Letter, #8 Exhibit School enrollment letter, #9 Exhibit Vaccination record, #10 Exhibit Action for Parental Responsibility, #11 Exhibit Photos, #12 Civil Cover Sheet Civil Cover Sheet)(Arcaro, Laura) |
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| Plaintiff: Jose Alexander Da Silva Ascanio | |
| Represented By: | Laura Miller Arcaro |
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| Defendant: Mery Alejandra Diaz Crespo | |
| Represented By: | Jessica Serrano |
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