Lanza v. Zumaeta
| Julieta Silvana Lanza |
| Jose Antonio Zumaeta |
| 9:2019cv80738 |
| June 5, 2019 |
| US District Court for the Southern District of Florida |
| Dave Lee Brannon |
| Donald M Middlebrooks |
| Other Statutory Actions |
| 42 U.S.C. § 11601 |
| None |
Docket Report
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This docket was last retrieved on July 29, 2019. A more recent docket listing may be available from PACER.
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Filing 31
ORDER CLOSING CASE Motions terminated: #19 First MOTION to Strike #17 Notice (Other), #15 Amended Complaint,, filed by Jose Antonio Zumaeta. Signed by Judge Donald M. Middlebrooks on 7/29/2019. See attached document for full details. (pcs)
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| Filing 30 NOTICE of Voluntary Dismissal by Jose Antonio Zumaeta (Katz, Lawrence) |
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Filing 29
PAPERLESS ORDER granting #28 Joint Motion to Continue. The hearing on Petitioner Julieta Silvana Lanza's Amended Petition for Return of Children to Argentina and Issuance of Show Cause Order (DE #15 ) currently scheduled for July 30, 2019 at 1:30 p.m. is RESCHEDULED for July 29, 2019 at 1:30 p.m. Signed by Judge Donald M. Middlebrooks on 7/25/2019. (mbt)
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| Filing 28 Joint MOTION to Continue Hearing re #26 Order on Motion for Appointment of Mediator, by Jose Antonio Zumaeta. Responses due by 8/7/2019 (Attachments: #1 Text of Proposed Order)(Katz, Lawrence) |
| Filing 27 RESPONSE to Motion re #19 First MOTION to Strike #17 Notice (Other), #15 Amended Complaint,, filed by Julieta Silvana Lanza. Replies due by 7/29/2019. (Hanreck, Robert) |
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Filing 26
ORDER granting #21 MOTION FOR APPOINTMENT OF MEDIATOR Anastasia M. Garcia added as mediator. Miscellaneous Hearing as to DE #15 set for 7/30/2019 01:30 PM in West Palm Beach Division before Judge Donald M. Middlebrooks. Signed by Judge Donald M. Middlebrooks on 7/19/2019. See attached document for full details. (vmz)
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| Filing 25 NOTICE of Striking 23 Clerks Notice of Docket Correction and Instruction to Filer - Attorney, #22 Notice (Other) filed by Jose Antonio Zumaeta Notice of Filing Email Consent by Jose Antonio Zumaeta (Attachments: #1 Exhibit) (Katz, Lawrence) |
| Filing 24 ANSWER and Affirmative Defenses to Amended Complaint by Jose Antonio Zumaeta. (Katz, Lawrence) |
| Filing 23 Clerks Notice to Filer re #22 Notice (Other). Document Not Captioned; CORRECTIVE ACTION REQUIRED - The Filer must File a Notice of Striking, then refile the document with the proper caption pursuant to Local Rules. (vmz) |
| Filing 22 STRICKEN NOTICE by Jose Antonio Zumaeta re #21 Joint MOTION to Appoint Mediator and Continue Hearing (Katz, Lawrence) Modified TEXT on 7/18/2019 (vmz). |
| Filing 21 Joint MOTION to Appoint Mediator and Continue Hearing by Jose Antonio Zumaeta. Responses due by 7/31/2019 (Attachments: #1 Text of Proposed Order)(Katz, Lawrence) |
| Filing 20 NOTICE by Julieta Silvana Lanza re #15 Amended Complaint,, of Filing Translated Attachment to Exhibit D to Amended Petition (Attachments: #1 Exhibit Translated Attachment to Exhibit D to Amended Petition) (Hanreck, Robert) |
| Filing 19 First MOTION to Strike #17 Notice (Other), #15 Amended Complaint,, by Jose Antonio Zumaeta. Responses due by 7/26/2019 (Katz, Lawrence) |
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Filing 18
OMNIBUS ORDER denying as moot #11 MOTION TO DISMISS #1 Complaint; granting in part and denying in part #15 Amended Complaint. ( Hearing Re: Amended Petition set for 7/26/2019 at 1:30 PM in West Palm Beach Division before Judge Donald M. Middlebrooks.), Jose Antonio Zumaeta response to Amended Petition due 7/17/2019. Signed by Judge Donald M. Middlebrooks on 7/11/2019. See attached document for full details. (pes)
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| Case Reopened. Closed in error. (pes) |
| Civil Case Terminated per DE 23 . Closing Case. (pes) |
| Filing 17 NOTICE by Julieta Silvana Lanza re #15 Amended Complaint,, of Filing Jurat Page to Amended Petition (Hanreck, Robert) |
| Filing 16 NOTICE of Electronic Filings (NEFs) have been Updated for Lawrence Katz to Receive Notices (jc) |
| Filing 15 AMENDED COMPLAINT for Return of Children to Argentina and Issuance of Show Cause Order against Jose Antonio Zumaeta, filed by Julieta Silvana Lanza. (Attachments: #1 Exhibit Father's Paternity Petition, #2 Exhibit Father's UCCJEA Affidavit, #3 Exhibit Mother's Motion to Dismiss, #4 Exhibit Father's Revocation of PoA, #5 Exhibit Father's Notice of Voluntary Dismissal, #6 Exhibit Replevin Complaint, #7 Exhibit Replevin Order, #8 Exhibit Argentina Civil & Commercial Code)(Hanreck, Robert) |
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Filing 14
ORDER Denying Request for issuance of a Show Cause Order contained within Petitioner Julieta Silvana Lanzas Petition for Return of Child to Argentina and Issuance of Show Cause Order DE #1 ; ORDER To Respond as to #11 MOTION TO DISMISS.( Responses due by 7/9/2019, Replies due by 7/12/2019.) Signed by Judge Donald M. Middlebrooks on 7/3/2019. See attached document for full details. (vmz) Modified title text on 7/8/2019 (asl).
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| Filing 13 NOTICE OF UNAVAILABILITY by Jose Antonio Zumaeta for dates of 7-1-19 until 7-8-19 (Katz, Lawrence) |
| Filing 12 NOTICE of Attorney Appearance by Lawrence Sheldon Katz on behalf of Jose Antonio Zumaeta (Katz, Lawrence) |
| Filing 11 MOTION TO DISMISS #1 Complaint,,, FOR FAILURE TO STATE A CLAIM , MOTION to Strike #1 Complaint,,, by Jose Antonio Zumaeta. Attorney Lawrence Sheldon Katz added to party Jose Antonio Zumaeta(pty:dft). Responses due by 7/15/2019 (Katz, Lawrence) |
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Filing 10
PAPERLESS ORDER granting #9 Motion for Extension of Time. The deadline for Petitioner to file a Status Report in response to the Court's Order Regarding Status of Service is retroactively extended to June 14, 2019. Signed by Judge Donald M. Middlebrooks on 6/24/2019. (mbt)
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| Filing 9 MOTION for Extension of Time and/or to be Excused for Failure to Timely Comply with Court Order re 6 Order,,,,, Set/Reset Deadlines,,,, by Julieta Silvana Lanza. Responses due by 7/8/2019 (Hanreck, Robert) |
| Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Julieta Silvana Lanza. Jose Antonio Zumaeta served on 6/10/2019, answer due 7/1/2019. (Hanreck, Robert) |
| Filing 7 STATUS REPORT by Julieta Silvana Lanza (Hanreck, Robert) |
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Filing 6
PAPERLESS ORDER REGARDING STATUS OF SERVICE. As noted in the record by the Clerk (DE 4 ), the Internal Operating Procedures of the Southern District of Florida indicate that petitions filed under the International Child Abduction Remedies Act are to be "decided in an expeditious manner." S.D. Fla. IOP 2.18.00. The Southern District has adopted "as a policy the goal of a six-week timeframe from the initial filing of the petition to a decision regarding return of the child." Id. In order to ensure the expeditious adjudication of this matter, the Court intends to set a briefing schedule as soon as possible. Accordingly, Petitioner is DIRECTED to file, on or before June 12, 2019, a status report detailing her efforts to effectuate service of process on Defendant. If Petitioner has not served Respondent by that date, the status report must include an estimation of the time necessary for service of process. Signed by Judge Donald M. Middlebrooks on 6/7/2019. (mbt)
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| Filing 5 NOTICE by Julieta Silvana Lanza re #1 Complaint,,, Notice of Filing Proposed Show Cause Order (Attachments: #1 Text of Proposed Order Show Cause Order) (Hanreck, Robert) |
| Filing 4 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 3 Summons Issued as to Jose Antonio Zumaeta. (pes) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks and Magistrate Judge Dave Lee Brannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Dave Lee Brannon 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. (pes) |
| Filing 1 COMPLAINT /Petition for Return of Child to Argentina and Issuance of Show Cause Order against Jose Antonio Zumaeta. Filing fees $ 400.00 receipt number 113C-11705618, filed by Julieta Silvana Lanza. (Attachments: #1 Exhibit A-PoA letter from Father, #2 Exhibit B-Mother's Rental Invoices, #3 Exhibit C-Paternity Petition, #4 Exhibit D-Father's UCCJEA Affidavit, #5 Exhibit E-Mother's Emergency Motion to Dismiss, #6 Exhibit F-Revocation of PoA, #7 Exhibit G-Voluntary Dismissal, #8 Exhibit H-Replevin Complaint, #9 Exhibit I-Replevin Order, #10 Exhibit J-Argentina Civil & Commercial Code, #11 Exhibit K-Argentina Travel Authorizations, #12 Civil Cover Sheet Civil Cover Sheet, #13 Summon(s) Summons)(Hanreck, Robert) |
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| Plaintiff: Julieta Silvana Lanza | |
| Represented By: | Robert John Hanreck |
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| Defendant: Jose Antonio Zumaeta | |
| Represented By: | Lawrence Sheldon Katz |
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