Martinez v. Palmer
| Laura Martinez Hernandez and Laura Hernandez Martinez |
| Ralph Edward Palmer |
| 4:2021cv00520 |
| December 31, 2021 |
| US District Court for the District of Idaho |
| David C Nye |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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This docket was last retrieved on May 9, 2022. A more recent docket listing may be available from PACER.
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Filing 24
DOCKET ENTRY NOTICE of Hearing: Evidentiary Hearing set for 4/28/2022 at 09:00 AM in Boise - Courtroom 2 before Judge David C. Nye. Parties agreed to have this matter heard in Boise rather than Pocatello.(pr)
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Filing 23
ORDER - An evidentiary hearing to determine the merits of the Verified Petition will be held on Thursday, April 28, 2022, at 9:00 a.m. MDT in Boise, Idaho. The parties shall file Motions in Limine, if any, on or before Thursday, April 7, 2022, with responses, if any, filed on or before Thursday, April 14, 2022. The parties shall file their Prehearing Briefs on or before April 21, 2022. 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 (lm)
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Filing 22
REPLY to Response to Motion re #11 MOTION for Preliminary Injunction filed by Laura Hernandez Martinez.Motion Ripe Deadline set for 2/17/2022.(Feldman, Murray)
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Filing 21
CORRECTED MEMORANDUM in Opposition re #11 MOTION for Preliminary Injunction filed by Ralph Edward Palmer. Replies due by 2/24/2022.(Hart, Stephen) Modified on 2/10/2022 per call from counsel the titled needed to state "corrected memorandum". I have edited the docket text to match(kmp).
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Filing 20
RESPONSE to Motion re #11 MOTION for Preliminary Injunction filed by Ralph Edward Palmer. Replies due by 2/23/2022. (Attachments: #1 Ralph Palmer's Answer to First Declaration of Laura Hernandez Martinez in Support of Motion for Preliminary Injunction, #2 Exhibit 1 Sworn Affidavit of Court Appointed Special Representative of Children, #3 Exhibit 2 COVID Vaccination Cards, #4 Exhibit 3 Injunction 187/2022, #5 Respondent's Memorandum in Opposition to the Motion for Preliminary Injunction Brought by Petitioner)(Hart, Stephen)
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Filing 19
DOCKET ENTRY ORDER finding as moot #17 Motion to Expedite; granting #18 Motion to Expedite. Before the Court are Respondent Ralph Edward Palmer's Initial and Corrected Unopposed Motions for Changing Dates for Expedited Briefing. Dkt. 17; Dkt. 18. Respondent's Initial Motion (Dkt. 17) inadvertently included the wrong dates and is therefore MOOT. The Court has reviewed the Corrected Motion and, good cause appearing, the Corrected Unopposed Motion for Changing Dates for Expedited Briefing (Dkt. 18) is GRANTED. Therefore, it is HEREBY ORDERED: 1. Respondent's opposition, if any, to Petitioner's Motion for Preliminary Injunction shall be filed and served by February 9, 2022; 2. Petitioner's reply to Respondent's opposition, if any, shall be filed and served by February 16, 2022. 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 (nt)
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Filing 18
MOTION to Expedite Respondent Ralph Edward Palmer's Corrected Unopposed Motion for Changing Dates for Expedited Briefing Stephen S Hart appearing for Defendant Ralph Edward Palmer. Responses due by 2/28/2022 (Hart, Stephen)
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Filing 17
MOTION to Expedite Respondent Ralph Edward Palmer's Unopposed Motion for Changing Dates for Expedited Briefing Stephen S Hart appearing for Defendant Ralph Edward Palmer. Responses due by 2/28/2022 (Hart, Stephen)
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Filing 16
NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for Laura Hernandez Martinez, Ralph Edward Palmer re #1 Complaint,, #15 Answer to Complaint,,, Consent/Objection to Magistrate due by 4/4/2022. (lm)
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Filing 15
Response to Corrected Verified Complaint and Petition for Return of Children Pursuant to the Hague Convention ANSWER to #1 Complaint,, by Ralph Edward Palmer. (Attachments: #1 Exhibit 1 Pages 46, 47 and 48 of Petitioner's Exhibit B, #2 Exhibit 2 Report cards for children from public school in Salmon, Idaho, #3 Exhibit 3 Notice of receipt of travel restriction by Respondent, #4 Exhibit 4 Injunction 722/2020, #5 Exhibit 5 Injunction 722/2021, #6 Exhibit 6 Injunction 1166/2021, #7 Exhibit 7 Injunction 1396/2021, #8 Exhibit 8 Injunction 1109/2021, #9 Exhibit 9 Injunction 2357/2021, #10 Exhibit 10 Injunction 1788/2022, #11 Exhibit 11 Responsive letter to Office of Children's Issues, #12 The Spanish Group Certified Translation Certificate)(Hart, Stephen)
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CORRECTIVE ENTRY - The entry docket number #14 Answer to Complaint filed by Ralph Edward Palmer was filed incorrectly in this case. The filing party shall re-submit their correct filing and ONLY use initials for the minors names. Please refer to Local Rule 5.5. Please also file exhibits as attachments to the docket entry.(lm)
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Filing 14
DISREGARD per Corrective Entry #1 Complaint,, by Ralph Edward Palmer.(Hart, Stephen) Modified on 2/1/2022 (lm).
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Filing 13
DOCKET ENTRY ORDER granting #12 Motion to Expedite Before the Court is Petitioner's Unopposed Motion to Expedite Briefing and Request for Expedited Consideration of Motion for Preliminary Injunction ("Motion"). The Court has reviewed the Motion and finds good cause to grant it. Now, therefore, IT IS HEREBY ORDERED: Respondent's Opposition, if any, to Petitioner's Motion for Preliminary Injunction shall be filed and served by February 7, 2022. Petitioner's Reply to Respondent's Opposition, if any, shall be filed and served by February 11, 2022. The Court will rule on the underlying Motion for Preliminary Injunction as soon as possible after completion of the expedited briefing. 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 (nt)
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Filing 12
MOTION to Expedite Unopposed Motion to Expedite Briefing and Consideration of Preliminary Injunction Motion Murray D Feldman appearing for Plaintiff Laura Hernandez Martinez. Responses due by 2/17/2022 (Feldman, Murray)
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Filing 11
MOTION for Preliminary Injunction Murray D Feldman appearing for Plaintiff Laura Hernandez Martinez. Responses due by 2/17/2022 (Attachments: #1 Memorandum in Support of Motion for Preliminary Injunction, #2 Affidavit 1st Decl. of Laura Hernandez Supporting Preliminary Injunction, #3 Exhibit A-Palmer Letter to Mexican Family Court 3/12/2021, #4 Exhibit B-Mexican Federal Collegiate Court Ruling 11/27/2019, #5 Exhibit C-Mexican 2d Family Court of Oral Proceedings Ruling 7/24/2020, #6 Exhibit D-Mexican 2d Family Court of Oral Proceedings Ruling 7/16/2020, #7 Exhibit E-Mexican Federal 4th District Court Ruling 11/30/2020, #8 Exhibit F-Mexican Federal Collegiate Court Ruling published 4/8/2021, #9 Exhibit G-Mexican Federal Collegiate Court Ruling 9/29/2021, #10 Exhibit H-Service of Process on Palmer from Judicial Power of the State of Yucatan 4/28/2021, #11 Exhibit I-Service of Process on Palmer from Judicial Power of the State of Yucatan 5/31/2021, #12 Exhibit J-Mexican 2d Family Court of Oral Proceedings Order 7/6/2021, #13 Affidavit Decl. of Murray D. Feldman Supporting Preliminary Injunction, #14 Exhibit A-Hart Letter to U.S. Department of State 7/27/2021, #15 Exhibit B-Email from U.S. Department of State Country Officer Klinger to Murray Feldman 11/22/2021)(Feldman, Murray)
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Filing 10
AFFIDAVIT of Service for Verified Complaint, Corrected Verified Complaint, Summons, Notice of Errata, Motion to File Under Seal, Order Granting Motion to File Under Seal, Exhibit F (Sealed Portion), Civil Cover Sheet served on Ralph Edward Palmer on January 11, 2022, filed by Laura Hernandez Martinez. (Feldman, Murray)
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Filing 9
Docket Entry Order Approving (Dkt. #7 & #8 ) Motion for Pro Hac Vice Appearance of attorney Steven Tyler,Craig D Galli for Laura Hernandez Martinez Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (lm)
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Filing 8
MOTION FOR PRO HAC VICE APPEARANCE by Steven Tyler. ( Filing fee $ 250 receipt number AIDDC-2329023.)Murray D Feldman appearing for Plaintiff Laura Hernandez Martinez. Responses due by 2/1/2022 (Feldman, Murray)
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Filing 7
MOTION FOR PRO HAC VICE APPEARANCE by Craig D. Galli. ( Filing fee $ 250 receipt number AIDDC-2329013.)Murray D Feldman appearing for Plaintiff Laura Hernandez Martinez. Responses due by 2/1/2022 (Feldman, Murray)
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Filing 6
Summons Issued as to Ralph Edward Palmer. (Print attached Summons for service.) (jd)
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Filing 5
ERRATA by Plaintiff Laura Martinez Hernandez re #1 Complaint, to correct name of Plaintiff Notice of Errata Re: Docket No. 1. (Attachments: #1 Corrected Verified Complaint and Petition for Return, #2 Summons)(Feldman, Murray)
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Filing 4
ORDER GRANTING MOTION TO FILE UNDER SEAL - The Motion to Seal (Dkt. #2 ) is GRANTED; Pages fourteen through twenty-five of Exhibit F (Dkt. #1 - #7 ) to the Petition may be filed under seal. 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 (lm).
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RECEIPT: check Fee Received $ 402.00, receipt # 29081 (kmp)
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Filing 3
Sealed Document Re: #2 MOTION to Seal Document #1 Complaint,, Exhibit F, Pages 14-25 (personal information concerning minors). (Feldman, Murray)
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Filing 2
MOTION to Seal Document #1 Complaint,, Exhibit F, Pages 14-25 (personal information concerning minors) Rebecca L Taylor appearing for Plaintiff Laura Martinez Hernandez. Responses due by 1/21/2022 (Taylor, Rebecca)
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Filing 1
COMPLAINT Verified Complaint and Petition for Return of Children Pursuant to the Hague Convention against Ralph Edward Palmer, filed by Laura Martinez Hernandez. (Attachments: #1 Exhibit A-Mexican Family Court Custody Order (Part 1), #2 Exhibit A-Mexican Family Court Custody Order (Part 2), #3 Exhibit B-Mexican Superior Court Final Judgment (Custody Order), #4 Exhibit C- April 2021 Travel Itinerary, #5 Exhibit D-State of Mexico Civil Code Excerpt, #6 Exhibit E-April 11, 2021 Palmer Email, #7 Exhibit F-Hague Application for Return (Redacted), #8 Cover Sheet, #9 Summons)(Taylor, Rebecca)
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