Godoy Gomez v. Montoya Villa
| Angely Katherine Godoy Gomez |
| Victor Hugo Montoya Villa |
| 2:2022cv00139 |
| July 19, 2022 |
| US District Court for the Northern District of Georgia |
| Richard W Story |
| Other Statutory Actions |
| 42 U.S.C. ยง 11601 International Child Abduction Remedies Act |
| None |
Docket Report
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| Document Text |
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| Filing 15 Detailed Specification and Itemization of Requested Attorney Fees. (Attachments: #1 Supplement Process Server Fees - Initial Service, #2 Supplement Process Server Fees - Return Order, #3 Supplement Venezuelan Organization Fees)(Settles, Hayley) |
| Filing 14 NOTICE by Victor Montoya re #11 Order. (rsg) |
| Filing 13 AFFIDAVIT of Service for Order , as to Victor Hugo Montoya Villa. (Settles, Hayley) |
| Clerk's Certificate of Mailing as to Victor Hugo Montoya Villa re #11 Order. (addressed as listed on #10 Summons) (sk) |
| Filing 12 Minute Entry for proceedings held before Judge Richard W. Story: Motion Hearing held on 7/26/2022 re #4 MOTION for Temporary Restraining Order filed by Angely Katherine Godoy Gomez. The Court heard arguments from counsel as to the #1 Verified Petition for Return of a Child. Defendant did not appear. A written order to follow. The Court GRANTS Plaintiff's Request for Attorneys fees. (Court Reporter Denise Stewart)(sk) |
Filing 11
ORDER granting Plaintiff's Verified Petition [Dkt. 1] and Plaintiff's request to extend its TRO into a preliminary injunction. Defendant is ordered to do the following: Within ten (10) days of this Order's entry, Defendant is ORDERED to return S.G. to Plaintiff in Venezuela. Defendant is responsible for all costs of the return. Such costs include, but are not limited to, passport reinstatement fees, plane tickets, and the like. Defendant is further ORDERED to communicate with Plaintiff's counsel to create a return plan that is in the best interests of S.G. If Defendant fails to comply with any directive in this Order, he will be found to be in contempt of the Court and will be subject to sanctions as this Court sees fit. Plaintiff's counsel will have Defendant personally served with this Order. The Court also GRANTS Plaintiff's request for attorneys fees. Plaintiff should submit a statement of fees within ten (10) days of this Order's entry. Defendant may file any objections within five (5) days of Plaintiff's submission. Signed by Judge Richard W. Story on 07/26/2022. (ddm)
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| Filing 10 AFFIDAVIT of Service for Summons, Verified Petition, Civil Docket, Certificate of Interested Persons, Motion for TRO, Brief in Support, Appearance of Counsel, Civil Cover Sheet, Temporary Restraining Order , as to Victor Hugo Montoya Villa. (Settles, Hayley) |
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Filing 9
ORDER granting #7 Motion to Bring Audio/Visual/Electronic Equipment into Courtroom 303 of the United States Courthouse in Gainesville, Georgia on Tuesday, July 26, 2022 at 2:00 p.m. Signed by Judge Richard W. Story on 07/20/2022. (sk)
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| Per #10 - Return of Service Executed by Angely Katherine Godoy Gomez. Victor Hugo Montoya Villa served on 7/20/2022, answer due 8/10/2022. (ddm) |
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Filing 8
TEMPORARY RESTRAINING ORDER granting in part and denying in part Petitioner's Motion Under the Hague Convention for Entry of a Temporary Restraining Order and Scheduling of an Expedited Hearing [Dkt. 4]. Specifically, Petitioner's Motion for TRO and for an expedited hearing is GRANTED with one exception. Petitioner's request that a warrant issue for the minor child, S.G., authorizing his immediate removal from the physical custody of Respondent, and directing the U.S. Marshal's Service to assume physical custody of S.G. and deliver him to the Court is DENIED. Respondent is ENJOINED from taking any action to remove the child, S.G., from the jurisdiction of this Court or from assisting any other person in removing the child. The United States Marshal shall serve Respondent with a copy of this Order, the Motion for TRO [Dkt. 4], and the Petition [Dkt. 1]. At the time this Order is served on Respondent, Respondent shall surrender all travel documents belonging to S.G., including, but not limited to any passport, travel visas, and/or social security card. A preliminary injunction hearing on the merits of the Verified Petition for Return of a Child [Dkt. 1] shall be held in the Gainesville Division on TUESDAY, JULY 26, 2022, at 2:00 PM, in the Third Floor Courtroom, United States Courthouse, 121 Spring Street SE, Gainesville, Georgia. Respondent is hereby ORDERED to SHOW CAUSE why the child, S.G., should not be returned to the custody of Petitioner and why such other relief as is requested in the Verified Petition should not be granted. Signed by Judge Richard W. Story on 07/20/2022. (ddm) Modified on 7/20/2022 to edit docket text (ddm).
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| Filing 7 Motion to Bring Audio/Visual/Electronic Equipment in the Courtroom by Angely Katherine Godoy Gomez. (Settles, Hayley) |
| NOTICE of Hearing on Motion re: #4 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED MOTION for Hearing Motion Hearing set for 7/26/2022 at 02:00 PM in GAINESVILLE Courtroom 303 before Judge Richard W. Story. (sk) |
| Filing 6 Electronic Summons Issued as to Victor Hugo Montoya Villa. (ddm) |
| Filing 5 Certificate of Interested Persons by Angely Katherine Godoy Gomez. (ddm) |
| Filing 4 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED and MOTION for Scheduling of Expedited Hearing filed by Angely Katherine Godoy Gomez. (Attachments: #1 Brief)(ddm) |
| Filing 3 NOTICE of Appearance by Hayley Elizabeth Settles on behalf of Angely Katherine Godoy Gomez. (ddm) |
| Filing 2 NOTICE of Appearance by Alexa Nicole Lewis on behalf of Angely Katherine Godoy Gomez. (ddm) |
| Filing 1 COMPLAINT filed by Angely Katherine Godoy Gomez. (Filing fee $402, receipt number AGANDC-11936034) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #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. (Additional attachment(s) added on 7/20/2022: #9 Exhibit 8) (ddm). |
| Submission of #4 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED and MOTION for Scheduling of Expedited Hearing, to District Judge Richard W. Story. (ddm) |
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| Plaintiff: Angely Katherine Godoy Gomez | |
| Represented By: | Alexa Nicole Lewis |
| Represented By: | Hayley Elizabeth Settles |
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| Defendant: Victor Hugo Montoya Villa | |
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