Wan v. Debolt
| Chung Chui Wan |
| Michel Dale Debolt |
| T.D. and A.D. |
| 3:2020cv03233 |
| September 8, 2020 |
| US District Court for the Central District of Illinois |
| Sue E Myerscough |
| Tom Schanzle-Haskins |
| Civil Rights: Other |
| 42 U.S.C. § 11604 |
| None |
Docket Report
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TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Motion for Expedited Scheduling Hearing #28 ALLOWED. Expedited Telephonic Rule 16 Scheduling Conference set Wednesday, 11/18/2020, at 1:30 PM (court will place call) before U.S. Magistrate Judge Tom Schanzle-Haskins. Attorneys are directed to comply with Federal Rule of Civil Procedure 26(f) by meeting as soon as practicable and to submit a proposed discovery plan in writing to the Court on or before 11/13/2020. Such a plan must include, at a minimum, those items listed in CDIL-LR 26.2(3), Rule 16(b), Rule 26(f), and CDIL-LR 16.2(F) with proposed deadlines. The parties are directed to specifically address the provisions, if any, for discovery or disclosure of electronically stored information, and to discuss agreements, if any, the parties reach for asserting claims of privilege or of protection as trial preparation material, after inadvertent production. Any plan filed shall specifically address the need, or lack thereof, concerning discovery of electronically stored information. If a discovery plan is not submitted as required, the scheduling hearing will not be held and costs may be assessed. Lead counsel or other counsel of record with knowledge of the case should be available to participate in the Rule 16 scheduling hearing. Entered by Magistrate Judge Tom Schanzle-Haskins on 11/6/2020. (MAS, ilcd)
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Filing 29
RESPONSE to Motion re #28 MOTION to Expedite Scheduling Hearing filed by Respondent Michel Dale Debolt. (Elster, Matthew)
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TEXT ORDER BY U.S. Magistrate Judge Tom Schanzle-Haskins. Defendant is directed to respond by 11/5/2020 to Plaintiff's Motion for Expedited Scheduling Hearing #28 . Entered by Magistrate Judge Tom Schanzle-Haskins on 11/4/2020. (MAS, ilcd)
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Filing 28
MOTION to Expedite Scheduling Hearing by Petitioner Chung Chui Wan. Responses due by 11/17/2020 (Feinberg, Joy)
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Filing 27
ANSWER to #1 Complaint, AND AFFIRMATIVE DEFENSES by Michel Dale Debolt.(Elster, Matthew)
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Filing 26
+++ SEALED DOCUMENT - ORIGINAL DOCUMENT (Sealed Order) UNREDACTED (MAS, ilcd)
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Filing 25
+++ SEALED DOCUMENT.. (MAS, ilcd)
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TEXT ORDER: The parties submitted a proposed Parenting Order to the Court. However, the parties did not indicate whether the guardian ad litem, Attorney Jared Scott, approved the proposed Parenting Order. Also, GAL Scott was not included on the email from the parties to the Court. Therefore, the parties are DIRECTED to immediately notify the Court whether GAL Scott approves of the Parenting Order. Entered by Judge Sue E. Myerscough on 10/29/2020. (DM, ilcd)
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Filing 24
OPINION entered by Judge Sue E. Myerscough on 10/26/2020. The Respondent's Motion to Dismiss, d/e #14 is DENIED. (SEE WRITTEN OPINION) (MAS, ilcd)
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Filing 23
Amicus Curiae APPEARANCE entered by Enrico J Mirabelli on behalf of Michel Dale Debolt. (Mirabelli, Enrico)
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Minute Entry for proceedings held before Judge Sue E. Myerscough: MOTION HEARING held on 10/23/2020 before Judge Sue E. Myerscough. Court and court personnel by video. Petitioner Chung Chui Wan present via video. Attorneys Joy Feinberg and Reuben Bernick of Feinberg Sharma present via video on behalf of the Petitioner. Respondent Michel Dale Debolt present via video. Attorneys Shana Vitek and Enrico Mirabelli of Beerman LLP and Attorneys Howard Feldman and John Morse of Feldman Wasser present via video on behalf of Respondent. GAL Jared Scott of Scott & Scott present via video. Oral arguments as to Respondent's Motion to Dismiss heard. Issue regarding U.S. Dept of State letter addressed. Matter taken under advisement with ruling by Monday. Discussion held regarding Parenting Order which will be presented to Court. Hearing adjourned. (Court Reporter KS.) (DM, ilcd)
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Filing 22
+++ SEALED DOCUMENT.. (MAS, ilcd)
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TEXT ORDER: Based on the discussion with the parties at the hearing, Petitioner's Motion for Access and Expedited Hearing (d/e #9 ) is DENIED AS MOOT. Petitioner's Motion for Expedited Pretrial Conference (d/e #8 ) is GRANTED. An expedited pretrial conference is SET for November 23, 2020, at 3:30 p.m. via video conference. The Court also SETS a hearing on Respondent's Motion to Dismiss Pursuant to Rule 12(b)(6) (d/e #14 ) for October 23, 2020, at 2:30 p.m. via video conference. All participants shall attend the hearings via video conferencing. Instructions for the video conferences are attached. Additionally, based on the oral motion for appointment of a guardian ad litem, the Court hereby appoints Jared Scott of Scott & Scott, P.C. as Guardian Ad Litem to the children in this case. Entered by Judge Sue E. Myerscough on 10/15/2020. (DM, ilcd)
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Minute Entry for proceedings held before Judge Sue E. Myerscough: MOTIONS HEARING held on 10/14/2020 before Judge Sue E. Myerscough. Court and court personnel by video. Petitioner Chung Chui Wan present via video. Attorneys Joy Feinberg and Reuben Bernick of Feinberg Sharma present via video. Respondent Michel Dale Debolt present via video. Attorneys Shana Vitek and Enrico Mirabelli of Beerman LLP and Attorneys Howard Feldman and John Morse of Feldman Wasser present via video on behalf of Respondent. Counsel advised the Court that a tentative access order had been worked out and proceeded to outline same. Issue regarding minors' passports and retention with the Court addressed. Expedited Pretrial Conference set for 11/23/2020 at 3:00 PM and the oral arguments as to Respondent's Motion to Dismiss set for 10/23/2020 at 2:30 PM all before Judge Sue E. Myerscough via video. Discussion held regarding mediation with the Magistrate Judge as well as issue as to Guardian Ad Litem appointment. Court will advise parties of GAL appointment. Attorney Mirabelli was administered the Oath of Office for admission into the Central District of Illinois. Hearing adjourned. (Court Reporter KS.) (DM, ilcd)
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Filing 21
MEMORANDUM in Opposition re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Petitioner Chung Chui Wan. (Attachments: #1 Exhibit, #2 Exhibit)(Feinberg, Joy)
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Filing 20
RESPONSE to Motion re #9 MOTION to Expedite Hearing and for Access filed by Respondent Michel Dale Debolt. (Elster, Matthew)
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Filing 19
RESPONSE to Motion re #8 MOTION to Expedite Pretrial Conference filed by Respondent Michel Dale Debolt. (Elster, Matthew)
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Filing 18
TEXT ORDER: Before the Court is Respondent's Motion to Dismiss Pursuant to Rule 12(b)(6) (d/e #14 ). The Petitioner is DIRECTED to respond to Respondent's motion to dismiss by Tuesday, October 13, 2020. The Court hereby SETS a video hearing on the motion to dismiss for Wednesday, October 14, 2020, at 2:00 p.m. All participants shall attend the hearing via video conferencing. Instructions for the video conference are attached. Entered by Judge Sue E. Myerscough on 10/8/2020. (MAS, ilcd)
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Filing 17
ORDER CONCERNING CONSENT TO MAGISTRATE JUDGE IN CASES INVOLVING INITIAL DISPOSITIVE MOTION entered by U.S. Magistrate Judge Tom Schanzle-Haskins on 10/8/2020. (Attachments: #(1) Notice, #(2) Form) (LB, ilcd)
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Filing 16
TEXT ORDER: Before the Court is Petitioner's Motion for Expedited Pretrial Conference (d/e #8 ) and Motion for Access and Expedited Hearing (d/e #9 ). The Respondent is DIRECTED to respond to Petitioner's Motion for Expedited Pretrial Conference (d/e #8 ) and Motion for Access and Expedited Hearing (d/e #9 ) by Friday, October 9, 2020. The Court hereby SETS a video hearing on the aforementioned motions for Wednesday, October 14, 2020, at 2:00 p.m. All participants shall attend the hearing via video conferencing. Instructions for the video conference are attached. Entered by Judge Sue E. Myerscough on 10/7/2020. (MAS, ilcd)
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Filing 15
MEMORANDUM re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Michel Dale Debolt. (Feldman, Howard)
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Filing 14
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Respondent Michel Dale Debolt. Responses due by 10/21/2020 (Feldman, Howard)
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Filing 13
NOTICE of Appearance of Attorney by John S M Morse on behalf of Michel Dale Debolt (Morse, John)
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Filing 12
NOTICE of Appearance of Attorney by Howard W Feldman on behalf of Michel Dale Debolt (Feldman, Howard)
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Filing 11
NOTICE of Appearance of Attorney by Matthew David Elster on behalf of Michel Dale Debolt (Elster, Matthew)
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Filing 10
NOTICE of Appearance of Attorney by Shana Lynn Vitek on behalf of Michel Dale Debolt (Vitek, Shana)
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Filing 9
MOTION to Expedite Hearing and for Access by Petitioner Chung Chui Wan. Responses due by 10/16/2020 (Feinberg, Joy)
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Filing 8
MOTION to Expedite Pretrial Conference by Petitioner Chung Chui Wan. Responses due by 10/16/2020 (Feinberg, Joy)
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Filing 7
SUMMONS Returned Executed by Chung Chui Wan. Chung Chui Wan served on 9/16/2020, answer due 10/7/2020. (Feinberg, Joy)
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TEXT ORDER entered by U.S. Magistrate Judge Tom Schanzle-Haskins. Plaintiff's Motion to Strike Docket Entry #3 ALLOWED. The Docket Entry No. 2 is STRICKEN as filed in error inadvertently. Entered by Magistrate Judge Tom Schanzle-Haskins on 9/10/2020. (MAS, ilcd)
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Filing 6
Summons Issued as to Michel Dale Debolt. (SKN, ilcd)
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Filing 5
NOTICE of Appearance of Attorney by Joy M Feinberg on behalf of Chung Chui Wan (Feinberg, Joy)
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Filing 4
NOTICE of Appearance of Attorney by Reuben A Bernick on behalf of Chung Chui Wan (Bernick, Reuben)
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Filing 3
MOTION to Strike Docket Entry by Petitioner Chung Chui Wan. Responses due by 9/23/2020 (Feinberg, Joy)
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Filing 2
DOCUMENT STRICKEN PER THE COURT'S TEXT ORDER OF 9/10/2020
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Filing 1
COMPLAINT Petition for Return of the Minor Children to Hong Kong against Michel Dale Debolt ( Filing fee $ 400 receipt number 0753-3468907.), filed by Chung Chui Wan. (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)(Feinberg, Joy)
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