Ramirez v. Ortiz
| Araceli Martinez Ramirez |
| Alejandro Carbajal Ortiz |
| 1:2020cv02128 |
| May 18, 2020 |
| US District Court for the Northern District of Georgia |
| J P Boulee |
| Other Statutory Actions |
| 42 U.S.C. § 11601 |
| None |
Docket Report
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Filing 21
FIFTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 7/10/2020 (mmc) (ADI)
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Filing 20
FOURTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 07/01/2020. (ddm) (ADI)
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Filing 19
ORDER granting #18 Petitioner's Motion for Extension of Temporary Restraining Order. The TRO is extended and shall remain in place until July 2, 2020 at 5:00 pm. This additional time will ensure the child is protected should there be a delay in the scheduled repatriation. Signed by Judge J. P. Boulee on 6/18/2020. (ddm)
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| Clerk's Certificate of Mailing as to Alejandro Carbajal Ortiz re #19 Order. (ddm) |
| Filing 18 Second MOTION for Temporary Restraining Order by Araceli Martinez Ramirez. (Attachments: #1 Exhibit Email from Mexican Consulate)(Holmes, James) |
| Filing 17 Minute Entry for proceedings held before Judge J. P. Boulee: Court held a continuation of the TRO hearing on 6/5/20. Defendant appeared pro se and made sworn statement to the Court to return the child to her mother. The Court extended the TRO. See Order for more details. See transcript for more details. (Court Reporter Penny Coudriet)(ddm) |
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Filing 16
ORDER extending the Maya TRO against Defendant Alejandro Carbajal Ortiz and/or any persons acting in concert with him until Friday, June 19, 2020, at 4:30 PM, absent a further order by this Court. Mr. Ortiz shall maintain the subject child in his physical care and custody until the authorities of the Consulate take physical custody of the child. Mr. Ortiz shall cooperate with the Consulate as necessary to accomplish the return of the child to Mexico. Mr. Ortiz shall facilitate telephone communication between the child and Plaintiff every Tuesday and Friday at 5:00 PM EST until the child is returned to Mexico. Signed by Judge J. P. Boulee on 6/5/2020. (ddm)
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| Filing 15 First AMENDED COMPLAINT against All Defendants filed by Araceli Martinez Ramirez.(Holmes, James) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
| Clerks Notation re #4 Certificate of Interested Persons APPROVED by JPB. (bnw) |
| Clerk's Certificate of Mailing as to Alejandro Carbajal Ortiz re #13 Temporary Restraining Order via email per direction of JPB. (bnw) |
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Filing 14
THIRD AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 05/26/2020. (dgs) (ADI)
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Filing 13
TEMPORARY RESTRAINING ORDER - This matter is before the Court on Plaintiff's Motion Under the Hague Convention for Entry of a Temporary Restraining Order and Scheduling of an Expedited Hearing ("Motion"). ECF No. #6 . The Court held a hearing on the Motion on Tuesday, May 26, 2020, at which Plaintiff appeared with counsel and Defendant appeared pro se. Defendant requested a continuance of approximately one week in order to obtain counsel and gather evidence. Plaintiff opposed the continuance or in the alternative asked the Court to grant her Motion and issue a Temporary Restraining Order ("TRO") effective during the period of the continuance. For good cause shown, the Court continues the hearing on Plaintiff's Motion until Friday, June 5, 2020, at 2:00 PM. In the meantime, the Court makes the following findings based on a review of Plaintiff's Motion and the papers filed in connection therewith: (SEE ORDER FOR FINDINGS NUMBERED 1 through 5.)...6. Accordingly, the Court ORDERS as follows: a. Pursuant to Fed. R. Civ. P. 65(b), the Court enters this TRO at the hour of 4:30 PM on May 26, 2020. Defendant Alejandro Carbajal Ortiz and/or any persons acting in concert with him are hereby prohibited from removing the Child from the jurisdiction of this Court or otherwise concealing the location of the Child pending a hearing on the merits of this matter. b. This TRO shall expire on Friday, June 5, 2020, at 6:00 PM, absent a further order by this Court. c. Pursuant to Federal Rule of Civil Procedure 65(c), the Court has considered whether and in what amount Plaintiff should be required to give security to pay the costs and damages sustained by any party found to have been wrongly enjoined by this Order. In light of the facts of this case, including the lack of any harm to Defendant as a result of this TRO, the Court finds that no security is necessary. Signed by Judge J. P. Boulee on 5/26/2020. (tcc)
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| Filing 12 Minute Entry for proceedings held before Judge J. P. Boulee: The Court held a hearing on the Motion on Tuesday, May 26, 2020 at which Plaintiff appeared with counsel and Defendant appeared pro se. Defendant requested a continuance of approximately one week in order to obtain counsel and gather evidence. Plaintiff opposed the continuance or in the alternative asked the Court to grant her Motion and issue a Temporary Restraining Order (TRO) effective during the period of the continuance. Written Order to follow. Court continues the hearing on Plaintiff's Motion until Friday, June 5, 2020 at 2:00 PM. (Court Reporter Penny Coudriet)(tcc) |
| Filing 11 NOTICE by Araceli Martinez Ramirez Amended Notice of Hearing (Holmes, James) |
| Filing 10 NOTICE by Araceli Martinez Ramirez Hearing on May 26th (Holmes, James) |
| NOTICE of Hearing: Motion Hearing continued on Plaintiff's Motion Under the Hague Convention for Entry of a Temporary Restraining Order and Scheduling of an Expedited Hearing [ECF No. 6] until Friday, June 5, 2020, at 2:00 PM before Judge J. P. Boulee. (tcc) |
| Filing 9 Return of Service Executed by Araceli Martinez Ramirez. All Defendants. (Holmes, James) |
| Filing 8 Return of Service Executed by Araceli Martinez Ramirez. All Defendants. (Holmes, James) |
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Filing 7
STANDING ORDER REGARDING CIVIL LITIGATION. Signed by Judge J. P. Boulee on 5/20/20. (bnw)
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| Filing 6 MOTION for Temporary Restraining Order and MOTION for Expedited Hearing by Araceli Martinez Ramirez. (Attachments: #1 Brief)(ddm) |
| Filing 5 Electronic Summons Issued as to Alejandro Carbajal Ortiz. (ddm) |
| Filing 4 Certificate of Interested Persons by Araceli Martinez Ramirez. (ddm) |
| Filing 3 NOTICE of Appearance by James Edgar Holmes on behalf of Araceli Martinez Ramirez. (ddm) |
| Filing 2 NOTICE of Appearance by Alexa Nicole Lewis on behalf of Araceli Martinez Ramirez. (ddm) |
| Filing 1 COMPLAINT filed by Araceli Martinez Ramirez. (Filing fee $400, receipt number AGANDC-9706759) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Civil Cover Sheet)(ddm) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
| Submission of #6 MOTION for Temporary Restraining Order and MOTION for Expedited Hearing, to District Judge J. P. Boulee. (ddm) |
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| Plaintiff: Araceli Martinez Ramirez | |
| Represented By: | Alexa Nicole Lewis |
| Represented By: | James Edgar Holmes |
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| Defendant: Alejandro Carbajal Ortiz | |
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