Colon v. Mejia Montufar
| Cesar Leonel Gil Colon |
| Salinda Emperatriz Montufar Mejia and Salinda Emperatriz Mejia Montufar |
| 2:2020cv14035 |
| January 30, 2020 |
| US District Court for the Southern District of Florida |
| Shaniek M Maynard |
| K Michael Moore |
| Other Statutory Actions |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on March 27, 2020. A more recent docket listing may be available from PACER.
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| Filing 36 Supplemental RESPONSE to #1 Complaint,, #32 Answer to Complaint Verified Petition for Return of the Parties' Child to Guatemala Pursuant to International Treaty and Federal Statute by Salinda Emperatriz Mejia Montufar. (Barfield, Brett) |
Filing 35
PAPERLESS ORDER. THIS CAUSE came before the Court upon an Agreed Motion for Continuance. #34 . Therein, Respondent requests the final evidentiary hearing scheduled for March 30, 2020 be continued for one week because Respondent's counsel has another case set for trial on March 31, 2020 in the United States District Court for the Central District of California. Id. Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #34 is GRANTED. This case is now set for a final evidentiary hearing on April 6, 2020 at 9 a.m. in Courtroom 13-1, (thirteenth floor) United States Courthouse, 400 North Miami Avenue, Miami, Florida. All parties are directed to report to the final pretrial conference and calendar call on April 2, 2020 at 2 p.m., at which time all matters relating to the scheduled trial date may be brought to the attention of the Court. Signed by Chief Judge K. Michael Moore on 3/23/2020. (mgh)
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| Set Hearings per DE 35 Final Evidentiary Hearing set for 4/6/2020 09:00 AM in Miami Division before Chief Judge K. Michael Moore. (mf) |
| Set/Reset Hearings ( Calendar Call set for 4/2/2020 02:00 PM in Miami Division before Chief Judge K. Michael Moore per de 35 Order. (mf) |
| Filing 34 Agreed MOTION to Continue Final Evidentiary Hearing for one week re 25 Scheduling Order,,,,,,,,,,, by Salinda Emperatriz Mejia Montufar. Responses due by 4/3/2020 (Attachments: #1 Text of Proposed Order Proposed order)(Barfield, Brett) |
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Filing 33
PAPERLESS ORDER RESCHEDULING CALENDAR CALL AND FINAL PRETRIAL CONFERENCE. THIS CAUSE came before the Court upon sua sponte examination of the record. It is hereby ORDERED that all parties are directed to report to the final pretrial conference and calendar call, which are now scheduled to take place together on March 26, 2020, at 11:00 a.m. The final pretrial conference and calendar call will take place in Courtroom 13-1 (thirteenth floor), United States District Courthouse, 400 North Miami Avenue, Miami, Florida. Signed by Chief Judge K. Michael Moore on 3/20/2020. (mgh)
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| Filing 32 ANSWER / Response to the General Allegations by Salinda Emperatriz Mejia Montufar. (pcs) |
| Filing 31 NOTICE of Attorney Appearance by Brett Alan Barfield on behalf of Salinda Emperatriz Mejia Montufar. Attorney Brett Alan Barfield added to party Salinda Emperatriz Mejia Montufar(pty:res). (Barfield, Brett) |
| Filing 30 CLERK'S NOTICE CORRECTING 28 PAPERLESS Minute Entry. Minute entry erroneously stated Final Pretrial Conference and Calendar Call set for 3/24/2020 at 2:00. The CORRECT DATE is 3/26/2020 at 2:00 PM. (rg1) |
| Filing 29 ANSWER to Petition by Salinda Emperatriz Mejia Montufar. (Mediation Agreement, Denuncia Verbal, English Translation of Denuncia Verbal, Accounting from Bilingual Mixed School "Science and Art" (rg1) |
| Filing 28 PAPERLESS Minute Entry for proceedings held before Chief Judge K. Michael Moore: Miscellaneous Hearing held on 3/13/2020. Court inquires as to Respondent's obtaining counsel. Respondent submitted for documents in response to petition. Court directs Clerk to file documents as Respondent's Answer. Court sets Final Pretrial Conference 3/24/2020 at 2:00 PM and Trial date 03/30/2020 at 9:00 AM. Total time in court: 30 minutes. Attorney Appearance(s): Josh A Rubin, Respondent Mejia Montufar appearing Pro Se. Court Reporter: Jill Wells, 305-523-5158 / Jill_Wells@flsd.uscourts.gov. (rg1) |
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Filing 27
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Scheduling Hearing held on March 12, 2020. During the hearing, Petitioner moved for a brief extension of the Temporary Restraining Order, which Respondent did not oppose. Accordingly, it is hereby ORDERED AND ADJUDGED that the Temporary Restraining Order #13 is EXTENDED until March 30, 2020. It is FURTHER ORDERED that all parties are directed to report to the final pretrial conference and calendar call, which are now scheduled to take place together on March 26, 2020, at 2:00 p.m. The final pretrial conference and calendar call will take place in Courtroom 13-1 (thirteenth floor), United States District Courthouse, 400 North Miami Avenue, Miami, Florida. Signed by Chief Judge K. Michael Moore on 3/13/2020. (mgh)
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| Filing 26 PRETRIAL STIPULATION (Unilateral) by Cesar Leonel Gil Colon (O'Sheehan, Edward) |
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Filing 25
PAPERLESS ORDER SCHEDULING TRIAL IN MIAMI. This case is now set for a bench trial commencing the two week trial period of March 30, 2020 at 9 a.m. in Courtroom 13-1, (thirteenth floor) United States Courthouse, 400 North Miami Avenue, Miami, Florida. All parties are directed to report to the calendar call on March 26, 2020 at 2 p.m., at which time all matters relating to the scheduled trial date may be brought to the attention of the Court. A final pretrial conference as provided for by Rule 16, Fed. R. Civ. P., and Rule 16.1(C), S.D. Fla. L.R., is scheduled for March 17, 2020 at 11 a.m. A bilateral pretrial stipulation and all other pretrial preparations shall be completed NO LATER THAN FIVE DAYS PRIOR TO THE PRETRIAL CONFERENCE. All motions to amend the pleadings or to join additional parties must be filed no later than seven (7) days after the date of entry of this Order. All discovery shall be completed ten (10) days after the date of entry of this Order. The failure to engage in discovery pending settlement negotiations shall not be grounds for continuance of the trial date. Any and all dispositive motions, including motions for summary judgment, Daubert motions, and motions in limine, must be filed no later than fourteen (14) days after entry of this Order. Responses to the motions must be filed no later than three (3) days after service of the motion, and replies in support of the motion must be filed no later than two (2) days after service of the response, with both deadlines computed as specified in Rule 6, Fed. R. Civ. P. Each party is limited to one Daubert motion. If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. Each party is also limited to one motion in limine (other than Daubert motions). If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. All exhibits must be pre-marked, and a typewritten exhibit list setting forth the number and description of each exhibit must be submitted at the time of trial. Plaintiff's exhibits shall be marked numerically with the letter "P" as a prefix. Defendant's exhibits shall be marked numerically with the letter "D" as a prefix. The parties shall prepare and submit to the Court proposed findings of fact and conclusions of law fully supported by the evidence, which counsel expects the trial to develop, and fully supported by citations to law. The proposed findings of fact and conclusions of law shall be submitted to the Court no later than five (5) business days prior to the scheduled trial date. THE FILING BY COUNSEL OF A "NOTICE OF UNAVAILABILITY" BY MOTION OR OTHERWISE IS NOT PROVIDED FOR UNDER THE LOCAL RULES AND SHALL NOT BE PRESUMED TO ALTER OR MODIFY THE COURT'S SCHEDULING ORDER. Signed by Chief Judge K. Michael Moore on 3/6/2020. (mgh)
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| Filing 24 Joint SCHEDULING REPORT - Rule 16.1 by Cesar Leonel Gil Colon (O'Sheehan, Edward) |
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Filing 23
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Scheduling Hearing held on February 27, 2020. During the hearing, Petitioner moved for an extension of the Temporary Restraining Order, which Respondent did not oppose. Accordingly, it is hereby ORDERED AND ADJUDGED that the Temporary Restraining Order #13 is EXTENDED for thirty (30) days. It is FURTHER ORDERED that the Parties shall submit a joint scheduling report on or before March 5, 2020 and a scheduling hearing will be held on Thursday, March 12, 2020 at 2:00 p.m., in Courtroom 13-1 of the Wilkie D. Ferguson, Jr. United States Courthouse, 400 North Miami Avenue, Miami, Florida 33132. Signed by Chief Judge K. Michael Moore on 2/27/2020. (mgh)
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| Filing 22 CLERK'S NOTICE of Compliance, re 20 Sealed Notice of Receipt. Pursuant to United States Marshal Service's directive, original documents are stored in Fort Pierce Clerks Office vault until further order of the court. (cga) |
| Filing 21 ACKNOWLEDGMENT OF SERVICE by United States Marshal Service on 2/21/20 as to #17 Amended Temporary Restraining Order. Person served- Salinda Emperatriz Mejia Montufar (cga) |
| SYSTEM ENTRY - Docket Entry 20 [misc] restricted/sealed until further notice. (cga) |
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Filing 19
PAPERLESS ORDER. THIS CAUSE came before the Court upon Petitioner's Second Motion for Extension of Time to File a Joint Scheduling Report. #18 . Therein, Petitioner informs the Court that Respondent has not yet been served. Id. at 2. As such, Petitioner requests that the Court extend the deadline to hold a scheduling conference to two (2) days after Respondent is served and the deadline to file a joint scheduling report to two (2) days after the scheduling conference. Id. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #14 is GRANTED IN PART and DENIED IN PART. The Parties shall hold a scheduling conference on or before February 26, 2020. Within two (2) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. Signed by Chief Judge K. Michael Moore on 2/20/2020. (mgh)
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| Filing 18 Second MOTION for Extension of Time To Conduct Scheduling Conference and Submit Joint Scheduling Order re 16 Order on Motion for Extension of Time,,,, by Cesar Leonel Gil Colon. Responses due by 3/4/2020 (Attachments: #1 Text of Proposed Order)(O'Sheehan, Edward) |
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Filing 17
AMENDED ORDER ON EX PARTE MOTION FOR TEMPORARY RESTRAINING ORDER: RESCHEDULING HEARING. The initial scheduling hearing will now be held on Thursday, February 27, 2020 at 3:00 p.m., in Courtroom 13-1 of the Wilkie D. Ferguson, Jr. United States Courthouse, 400 North Miami Avenue, Miami, Florida 33132. Signed by Chief Judge K. Michael Moore on 2/19/2020. See attached document for full details. (eso)
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Filing 16
PAPERLESS ORDER. THIS CAUSE came before the Court upon Petitioner's Motion for Extension of Time to File a Joint Scheduling Report. #14 . Therein, Petitioner informs the Court that Respondent has not yet been served. Id. at 2. As such, Petitioner requests that the Court extend the deadline to hold a scheduling conference to three (3) days after Respondent is served. Id. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #14 is GRANTED IN PART and DENIED IN PART. The Parties shall hold a scheduling conference on or before February 19, 2020. Within two (2) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. Signed by Chief Judge K. Michael Moore on 2/14/2020. (mgh)
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| Filing 15 NOTICE by Cesar Leonel Gil Colon re #14 MOTION for Extension of Time to Conduct Scheduling Conference and Submit Joint Scheduling Order re 7 Pretrial Order,,,,,,,,, of Filing Proposed Order Regarding ECF No. 14 (Attachments: #1 Text of Proposed Order) (O'Sheehan, Edward) |
| Filing 14 MOTION for Extension of Time to Conduct Scheduling Conference and Submit Joint Scheduling Order re 7 Pretrial Order,,,,,,,,, by Cesar Leonel Gil Colon. Responses due by 2/27/2020 (O'Sheehan, Edward) |
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Filing 13
ORDER granting #12 Motion for Temporary Restraining Order. An initial scheduling hearing will be held on Thursday, February 20, 2020 at 3:00 p.m., in Courtroom 13-1 of the Wilkie D. Ferguson, Jr. United States Courthouse, 400 North Miami Avenue, Miami, Florida 33132. Signed by Chief Judge K. Michael Moore on 2/13/2020. See attached document for full details. (mgh)
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| Filing 12 MOTION for Temporary Restraining Order Requiring, Inter Alia, the Respondent to Turn Over Her and Her Child's Passports and Travel Documents (ExParte) by Cesar Leonel Gil Colon. Responses due by 2/24/2020 (Attachments: #1 Text of Proposed Order)(O'Sheehan, Edward) |
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Filing 11
PAPERLESS ORDER. THIS CAUSE came before the Court upon Petitioner Cesar Leonel Colon Gil's ("Petitioner") Motion for Issuance of Show Cause Order. #10 . Therein, Petitioner requests that the Court (1) direct the U.S. Marshal Service to effectuate service upon Salinda Emperatriz Mejia Montufar ("Respondent"); (2) direct the U.S. Marshal Service to seize Respondent's and her son's travel documents, including their passports and visas, for the duration of the proceedings; (3) direct Respondent to appear at an initial show cause hearing and scheduling hearing; (4) issue an arrest warrant for Respondent if she fails to appear at the aforementioned hearing; and (5) set a deadline for any response from Respondent. See generally id. As an initial matter, the Court notes that Petitioner originally requested this relief within the Complaint #1 and within a proposed order attached to the Complaint [1-8]. Petitioner is hereby advised that any request for relief from the Court shall be filed separately as a motion on the docket in compliance with the Local Rules of the Southern District of Florida. See S.D. Fla. L.R. 7.1(a)(1). Moreover, the Local Rules require that "every motion when filed and served shall incorporate a memorandum of law citing supporting authorities." Id. Here, Petitioner provides no legal authority justifying Petitioner's requests. Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #10 is DENIED WITHOUT PREJUDICE. Any renewed motion shall be filed on or before February 10, 2020 and shall include legal authority in support of Petitioner's requests. Specifically, Petitioner shall provide the legal authority justifying the request that the Court order the U.S. Marshal Service to seize Respondent's and her son's travel documents. Signed by Chief Judge K. Michael Moore on 2/6/2020. (mgh)
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| Filing 10 MOTION for Order to Show Cause by Cesar Leonel Gil Colon. (Attachments: #1 Text of Proposed Order)(O'Sheehan, Edward) |
| Filing 9 Summons Issued as to Salinda Emperatriz Mejia Montufar. (pes) |
| Filing 8 NOTICE of Filing Proposed Summons(es) by Cesar Leonel Gil Colon re #1 Complaint,, filed by Cesar Leonel Gil Colon (Attachments: #1 Summon(s)) (O'Sheehan, Edward) |
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Filing 7
PAPERLESS PRETRIAL ORDER. As the Petition in this case is brought pursuant to the Hague Convention and the Civil Aspects of the International Child Abduction Remedies Act, it is subject to expedited review. Therefore, it is hereby ORDERED that the parties shall hold a scheduling conference no later than seven (7) days after the date of this Order. Within two (2) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Chief Judge K. Michael Moore on 2/3/2020. (mgh)
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Filing 6
ORDER granting #3 Motion for Leave to Proceed in forma pauperis. Signed by Chief Judge K. Michael Moore on 2/3/2020. See attached document for full details. (mgh)
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| Filing 5 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 4 Clerks Notice to Filer re: Summons(es) cannot be issued. The motion to proceed in forma pauperis is pending (jao) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Cesar Leonel Gil Colon. (jao) |
| Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore and Magistrate Judge Shaniek M. Maynard. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Shaniek M. Maynard 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. (jao) |
| Filing 1 COMPLAINT (Verified Petition for the Return of the Parties' Child to Guatemala Pursuan to International Treaty and Federal Statute and For Entry of Order to Show Cause) against Salinda Emperatriz Montufar Mejia. Filing fees $ 400.00. IFP Filed, filed by Cesar Leonel Gil Colon. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Exhibit A-Hague Convention, #4 Exhibit B-Birth Cert, #5 Exhibit C-School Letter, #6 Exhibit D-Hague App, #7 Exhibit E-Return Letter, #8 Exhibit F-proposed order, #9 Affidavit Affidavit Forma Pauperis)(O'Sheehan, Edward) |
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