Foster v. Nichols
Plaintiff: Keisha Foster
Defendant: Merrick Barrington Nichols
Case Number: 9:2020cv81425
Filed: August 27, 2020
Court: US District Court for the Southern District of Florida
Presiding Judge: Dave Lee Brannon
Referring Judge: Donald M Middlebrooks
Nature of Suit: Habeas Corpus (General)
Cause of Action: 42 U.S.C. § 11601
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 9, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 9, 2020 Filing 32 REPLY to Response to Motion re #29 MOTION for Hearing re #27 Affidavit, #28 Response/Reply (Other) filed by Keisha Foster. (Attachments: #1 Exhibit Expenses invoice, #2 Exhibit Attorney fees invoice, #3 Exhibit Supplemental Affidavit of Fees and Costs, #4 Exhibit Emails to respondent's counsel)(Jay, Katie)
October 9, 2020 Filing 31 RESPONSE to #27 Affidavit, #30 Order on Motion for Hearing, #28 Response/Reply (Other), #29 MOTION for Hearing re #27 Affidavit, #28 Response/Reply (Other) by Merrick Barrington Nichols. (Attachments: #1 Supplement Dispute, #2 Supplement, #3 Supplement, #4 Supplement, #5 Supplement, #6 Supplement, #7 Supplement, #8 Supplement, #9 Supplement, #10 Supplement)(Klein, Troy)
October 7, 2020 Opinion or Order Filing 30 ORDER denying #29 Motion for Evidentiary Hearing. Respondent MAY FILE any supporting documentation to supplement his Objection to Petitioners Affidavit of Fees and Costs by October 9, 2020. Signed by Judge Donald M. Middlebrooks on 10/7/2020. See attached document for full details. (jao)
October 1, 2020 Filing 29 MOTION for Hearing re #27 Affidavit, #28 Response/Reply (Other) by Merrick Barrington Nichols. (Klein, Troy)
October 1, 2020 Filing 28 Objection to Affidavit of Fees and Costs and Request for Evidentiary Hearing to #27 Affidavit, by Merrick Barrington Nichols. (Klein, Troy)
September 30, 2020 Filing 27 AFFIDAVIT OF ATTORNEY FEES AND COSTS signed by: Katie Jay re #24 Judgment by Keisha Foster (Attachments: #1 Exhibit Airline Ticket receipts, #2 Exhibit Firm invoice, receipts, #3 Exhibit Engagement Letter, #4 Exhibit Affidavit Reasonable Attorneys Fees)(Jay, Katie)
September 23, 2020 Filing 26 NOTICE of Compliance by Keisha Foster re #20 Exhibit List filed by Keisha Foster (Jay, Katie)
September 16, 2020 Opinion or Order Filing 25 ORDER CLOSING CASE Signed by Judge Donald M. Middlebrooks on 9/16/2020. See attached document for full details. (yha)
September 16, 2020 Opinion or Order Filing 24 FINAL JUDGMENT ORDER in favor of Keisha Foster against Merrick Barrington Nichols Signed by Judge Donald M. Middlebrooks on 9/16/2020. See attached document for full details. (yha)
September 15, 2020 Filing 23 RELEASE OF EXHIBITS Jamaican Passport, Social Security # and Permanent resident card for Minor KZN released to US Marshal Service (yha)
September 15, 2020 Filing 22 Clerks Notice of Docket Correction re #21 Order,. Correction Document not Sealed. (dj)
September 15, 2020 Opinion or Order Filing 21 Order on Verified Complaint and Petition for Return of Child re #5 Amended Complaint/Amended Notice of Removal, filed by Keisha Foster. Signed by Judge Donald M. Middlebrooks on 9/15/2020. (dj) Modified on 9/15/2020 (dj). Modified on 9/15/2020 (dj).
September 14, 2020 Filing 20 Exhibit List and Exhibits by Keisha Foster.. (Attachments: #1 Exhibit P-1. Western Union History, #2 Exhibit School Receipts, #3 Exhibit Jamaican Order)(Jay, Katie)
September 14, 2020 Filing 19 PAPERLESS Minute Entry for proceedings held before Judge Donald M. Middlebrooks: Evidentiary Hearing held on 9/14/2020. All parties appeared via videoconferencing. Attorney Appearance(s): Katie Jay, Esq., Sarah Campbell, Esq. and Troy William Klein, Esq. Witnesses sworn and testified: Keisha Foster, Mother of child, Lemar Neale, Attorney for Father for proceedings in Jamaica and Merrick Barrington Nichols, Father of child. Exhibits P1, P2, P4, P5 and D were admitted. The Parties shall advise the Court today if they are able to reach any stipulations. An Order will be entered tomorrow, September 15, 2020. Total time in court: 2 hour(s) : 21 minutes. Court Reporter: Ilona Lupowitz, 305-523-5634 / Ilona_lupowitz@flsd.uscourts.gov. (gm1)
September 14, 2020 Filing 18 NOTICE of Attorney Appearance by Troy William Klein on behalf of Merrick Barrington Nichols. Attorney Troy William Klein added to party Merrick Barrington Nichols(pty:dft). (Klein, Troy)
September 13, 2020 Filing 17 SUMMONS (Affidavit) Returned Executed on #5 Amended Complaint/Amended Notice of Removal, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Keisha Foster. Merrick Barrington Nichols served on 9/3/2020, answer due 9/24/2020. (Jay, Katie)
September 11, 2020 Filing 16 INSTRUCTIONS TO PRO SE LITIGANT Signed by Judge Donald M. Middlebrooks on 9/10/2020. See attached document for full details. (jao)
September 9, 2020 Filing 15 ANSWER to Amended Complaint by Merrick Barrington Nichols. (Attachments: #1 Exhibit)(mc)
September 8, 2020 Filing 14 NOTICE of Attorney Appearance by Katie Jay on behalf of Keisha Foster (Jay, Katie)
September 8, 2020 SYSTEM ENTRY - Docket Entry 13 [misc] restricted/sealed until further notice. (jmd)
September 4, 2020 Set/Reset Hearings per DE #9 re: #5 Petitioners Amended Verified Complaint and Petition for Return of Child. Evidentiary Hearing set for 9/14/2020 10:00 AM before Judge Donald M. Middlebrooks. (pcs)
September 3, 2020 Filing 12 NOTICE by Keisha Foster of subpoena to respondent (Jay, Katie)
September 3, 2020 Opinion or Order Filing 11 ORDER granting #10 Expedited Motion to Amend TRO to Collect the Child's Travel Documents. Signed by Judge Donald M. Middlebrooks on 9/3/2020. See attached document for full details. (kal)
September 2, 2020 Filing 10 EXPEDITED MOTION Collect Child's Travel Documents re #9 Order on Expedited Motion by Keisha Foster. (Jay, Katie)
September 1, 2020 Opinion or Order Filing 9 ORDER granting #6 Expedited Motion for Temporary Restraining Order. Signed by Judge Donald M. Middlebrooks on 9/1/2020. See attached document for full details. (pes)
August 30, 2020 Filing 8 MEMORANDUM of Law re #6 EXPEDITED MOTION for Ex Parte Temporary Restraining Order, Expedited Hearing by Keisha Foster. (Jay, Katie)
August 30, 2020 Filing 6 EXPEDITED MOTION for Ex Parte Temporary Restraining Order, Expedited Hearing by Keisha Foster. (Jay, Katie)
August 30, 2020 Filing 5 AMENDED COMPLAINT against Merrick Barrington Nichols, filed by Keisha Foster. (Attachments: #1 Exhibit Hague Convention, #2 Exhibit Birth Certificate, #3 Exhibit Request for Return, #4 Exhibit Jamaican Court Order, #5 Exhibit Jamaican statute, #6 Exhibit Jamaican case law, #7 Exhibit Jamaica summons)(Jay, Katie)
August 30, 2020 SYSTEM ENTRY - Docket Entry 7 [misc] restricted/sealed until further notice. (1087854)
August 28, 2020 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. (yar)
August 27, 2020 Filing 3 Summons Issued as to Merrick Barrington Nichols. (jao)
August 27, 2020 Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks and Magistrate Judge Dave Lee Brannon. (jao)
August 27, 2020 Filing 1 COMPLAINT against Merrick Barrington Nichols. Filing fees $ 400.00. Pay.gov Agency Tracking ID FLSDC-AFLSDC-13423552, payment transferred from 20-cv-61751 : Foster v. Nichols, filed by Keisha Foster. (Attachments: #1 Summon(s), #2 Civil Cover Sheet, #3 Exhibit Hague Convention, #4 Exhibit Birth Certificate, #5 Exhibit request for return, #6 Exhibit Jamaican court order, #7 Exhibit Jamaican law, #8 Exhibit Jamaican summons)(Jay, Katie) Modified text on 9/10/2020 to reflect payment transferred from case (bb).

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Defendant: Merrick Barrington Nichols
Represented By: Troy William Klein
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Plaintiff: Keisha Foster
Represented By: Katie Jay
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