Mares-Orozco v. Guzman, et al.
| Maribel Mares-Orozco |
| Juana Perez Guzman, Juana Mares Perez and Joel Mares-Orozco |
| 1:2023cv00026 |
| January 18, 2023 |
| US District Court for the District of Idaho |
| David C Nye |
| Other Statutory Actions |
| 42 U.S.C. § 11603 International Child Abduction Remedies Act |
| None |
Docket Report
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This docket was last retrieved on August 10, 2023. A more recent docket listing may be available from PACER.
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Filing 27
ORDER GRANTING STIPULATED MOTION TO APPOINT MEDIATORS WHILE MAINTAINING DATE FOR EVIDENTIARY HEARING - Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
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Filing 26
STIPULATION by Maribel Mares-Orozco. (Cutler, John)
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Filing 25
DOCKET ORDER. The Court finds that, to protect the identity of a minor from public disclosure, good cause exists to seal pages 1 through 6 of Exhibit C Part 2, Exhibit O, and Exhibit O-1 of the exhibits supporting the Petition. Thus, Petitioner's Motion to Seal (Dkt. #1 ) is GRANTED. The above-listed documents will remain sealed. Signed by Judge David C. Nye.(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (tjw)
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Filing 24
ANSWER to #3 Complaint,, by Joel Mares-Orozco, Juana Perez Guzman.(Hammond, Richard)
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Filing 23
ERRATA by Plaintiff Maribel Mares-Orozco re #3 Complaint,, Notice of Errata to Complaint. (Cutler, John)
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Filing 22
NOTICE by Maribel Mares-Orozco re #3 Complaint,, Notice of Errata to Complaint (Cutler, John) Modified on 2/17/2023, see corrective entry (jd).
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CORRECTIVE ENTRY - The entry docket number #22 Notice (Other) filed by Maribel Mares-Orozco was filed incorrectly in this case. Please refile your errata using the ECF event "Errata" including all proper redactions. The filing party shall re-submit their correct filing.(jd)
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CORRECTIVE ENTRY - The entry docket number #20 Notice to Take Deposition was filed incorrectly in this case. Pursuant to Local Rule 5.4 Non-Filing of Discovery, discovery documents must be served upon other counsel and parties but must not be filed with the Clerk of Court unless on order of the court or for use in the proceeding.(jd)
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Filing 21
Minute Entry for proceedings held before Judge David C. Nye: Motion Hearing held on 2/7/2023 re #2 First MOTION for Temporary Restraining Order filed by Maribel Mares-Orozco. The parties stipulated to the terms of the preliminary injunction. The court has issued an order setting forth the deadlines. (Court Reporter/ESR Anne Bowline.) (pr)
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Filing 20
NOTICE to Take Deposition of Maribel Mares-Orozco on March 1, 2023 duces tecum. (Hammond, Richard)
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Filing 19
ORDER ENTERING PRELIMINARY INJUNCTION - The evidentiary hearing scheduled for March 28, 2023, at 1:00 p.m. is now scheduled for March 28, 2023, at 9:00 a.m. and can go until 5 p.m. that day. All motions in limine must be submitted on or before March 21, 2023. The parties witness lists and exhibit lists must be filed on or before March 21, 2023. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
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Filing 18
RESPONSE to Motion re #2 First MOTION for Temporary Restraining Order , #11 Expedited MOTION to Expedite Evidentiary Hearing on Merits of Petition for Return filed by Joel Mares-Orozco. Replies due by 2/21/2023.(Hammond, Richard)
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Filing 17
AFFIDAVIT of Jennifer Marez filed by Joel Mares-Orozco . (Hammond, Richard)
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Filing 16
AFFIDAVIT of Respondents filed by Joel Mares-Orozco . (Hammond, Richard)
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Filing 15
NOTICE of Appearance by Richard L Hammond on behalf of All Defendants (Hammond, Richard)
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Filing 14
Surrender of Passport by Jocelyn Maribel Mares Orozco, Passport Number G34126047, issued by Mexico. Birth Certificate received and are both maintained in the Clerk's office exhibit room. (jd)
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Filing 13
Surrender of Passport by Joel Mares Orozco, Passport Number G18823050, issued by Mexico. (jd) Modified on 2/2/2023, maintained in the Clerk's office exhibit room (jd).
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Filing 12
MEMORANDUM DECISION AND ORDER - Good cause appearing, the Courts Temporary Restraining Order (Dkt. #9 ) is extended until 10:30 a.m. on February 7, 2023. The preliminary injunction hearing set for 1:00 p.m. on February 6, 2023, is VACATED. The same hearing is now set for 9:00 a.m. on February 7, 2023. Defendants response deadline is now February 6, 2023. An evidentiary hearing on the merits of Petitioners Motion to Return will be set for 1:00 p.m. on March 28, 2023. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
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Set/Reset Deadlines as to #2 First MOTION for Temporary Restraining Order . Responses due by 2/6/2023. (jd)
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Set/Reset Hearings: Preliminary Injunction Hearing set for 2/7/2023 09:00 AM in Boise - Courtroom 2 before Judge David C. Nye. (jd)
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Filing 11
Expedited MOTION to Expedite Evidentiary Hearing on Merits of Petition for Return John Elbert Cutler appearing for Plaintiff Maribel Mares-Orozco. Responses due by 2/16/2023 (Cutler, John)
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Filing 10
SUMMONS Returned Executed by Maribel Mares-Orozco. Joel Mares-Orozco served on 1/23/2023, answer due 2/13/2023; Juana Perez Guzman served on 1/23/2023, answer due 2/13/2023. (Cutler, John)
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Filing 9
MEMORANDUM DECISION AND ORDER - The temporary restraining order shall be effective as of January 23, 2023, at 3:00 p.m. and shall expire exactly ten (10) days thereafter, which is February 6, 2023 at 3:00 p.m. pursuant to Federal Rule of Civil Procedure 6. Respondents shall file their response to Petitioners Motion (Dkt. #2 ) on or before January 27, 2023. Petitioner shall file a Reply brief, if any, on or before February 2, 2023. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
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Set/Reset Deadlines as to #2 First MOTION for Temporary Restraining Order . Responses due by 1/27/2023. Replies due by 2/2/2023. (jd)
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Filing 8
DOCKET ENTRY ORDER The Court's prior Docket Entry Order (Dkt. 7) is stricken given the attorney certification in Dkt. 2-1, at 15. Signed by Judge David C. Nye.
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Filing 7
DOCKET ENTRY ORDER Pending before the Court is Petitioner Maribel Mares-Orozco's Motion for Temporary Restraining Order (Dkt. 2). Petitioner seeks an ex parte temporary restraining order to ensure Respondents to not further conceal the child involved in this Hague Convention Return Action. Pursuant to Federal Rule of Civil Procedure 65(b)(1)(B) and District of Idaho Local Rule 7.2, Petitioner's attorney must certify, in writing, any efforts made to give notice and the reasons why notice should not be required. If she still seeks ex parte relief, Petitioner's attorney shall file an affidavit in compliance with the aforementioned rules on or before January 20, 2023. Signed by Judge David C. Nye. (nt) Modified on 1/19/2023 (jd).
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Filing 6
A REQUEST FOR REASSIGNMENT TO A DISTRICT JUDGE HAS BEEN FILED IN THIS CASE(jd)
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Filing 5
Summons Issued as to All Defendants. (Print attached Summons for service.) (jd)
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Filing 4
DOCKET ENTRY ORDER directing the Clerk to reassign the case. Without consent of the parties, a magistrate judge is without jurisdiction to issue a dispositive order on a motion for temporary restraining order and preliminary injunction. See Williams v. King, 875 F.3d 500, 503-05 (9th Cir. 2017); see also Ritter v. Cook, 45 F. App'x 325, 325 (5th Cir. 2002). Given Plaintiff's request for a temporary restraining order and corresponding request for an expedited preliminary injunction hearing, the Court directs the Clerk of Court to reassign the case to a district judge. Signed by Judge Raymond Edward Patricco, Jr. (hsm)
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Filing 3
COMPLAINT against All Defendants ( Filing fee $ 402 receipt number BIDDC-2506925.), filed by Maribel Mares-Orozco. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Cover Sheet, #29 Summons)(Cutler, John)
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Filing 2
First MOTION for Temporary Restraining Order John Elbert Cutler appearing for Plaintiff Maribel Mares-Orozco. Responses due by 2/8/2023 (Attachments: #1 Memorandum in Support)(Cutler, John)
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Filing 1
First MOTION to Seal John Elbert Cutler appearing for Plaintiff Maribel Mares-Orozco. Responses due by 2/8/2023 (Cutler, John)
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DOCKET ENTRY NOTICE of Case Number Change, Case reassigned to Judge David C. Nye for all further proceedings. Judge Raymond Edward Patricco, Jr no longer assigned to case. Please use this case number on all future pleadings, 1:23-cv-00026-DCN. (jd)
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