Ballesteros v. Ruiz
| NELSON BALLESTEROS |
| RAQUEL RUIZ |
| A F BR |
| 1:2024cv08518 |
| September 17, 2024 |
| US District Court for the Northern District of Illinois |
| Georgia N Alexakis |
| Other Statutory Actions |
| Civil Miscellaneous Case |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 12, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 31 MINUTE entry before the Honorable Georgia N Alexakis: In light of email correspondence on 11/11/24 from the parties to the Courtroom Deputy, the Court sets an in-person hearing on 11/25/24 at 10 a.m. on petitioner's motion for interim access with the minor child #28 . (If the guardian ad litem is unable to appear in-person at that hearing, the Court will permit her to appear telephonically, and the guardian ad litem should reach out to the Courtroom Deputy for those details.) In advance of the hearing, by 11/22/24, the parties are directed to file a status report with the Court. The status report must certify that the parties have engaged in a good-faith effort to resolve their dispute over petitioner's motion through communications and negotiations that have taken place in person or over the telephone. The status report must also recite the date, time, and place of such communications and negotiations as well as the names of all parties participating therein. Finally, the status report must reflect each party's position on petitioner's motion for interim access following the good-faith communications and negotiations, and highlight for the Court those aspects of the dispute where the parties have been able to reach agreement and those aspects of the dispute that remain. (ca, ) |
| Filing 30 MINUTE entry before the Honorable Georgia N Alexakis: Status hearing held on 10/30/24. Counsel for Petitioner, Respondent, and the Court-appointed Guardian Ad Litem present. Petitioner also present, as well as Petitioner's Spanish-language interpreter. For the reasons discussed in court, no reply in support of petitioner's petition is needed. The discovery deadlines set earlier by the Court #26 are firm, and the parties were advised to work toward meeting them expeditiously. No deadlines are set for dispositive motions, although the parties are to promptly inform the Court if they intend to file any dispositive motions before the bench trial. An in-person status hearing is set for 1/7/25 at 10:00 a.m. Respondent's Counsel will provide the Guardian Ad Litem and the Court with Respondent's USCIS application receipt number by 11/6/24. Petitioner's motion for interim access with minor child #28 is continued, and the parties are directed to confer regarding facilitating regular communication between Petitioner and the minor child. On or before 11/6/24, the parties are to either (1) file a stipulated agreement for regular communication between Petitioner and the minor child, or (2) notify the Court that they have been unable to reach an agreement. (ca, ) |
| Filing 28 MOTION by Plaintiff Nelson BallesterosInterim Access For Child (Balbirer, Staci) |
| Filing 29 WARRANT Returned Unexecuted as to Raquel Milena Rincon Ruiz. (Received via Box.com 10/28/24) (nsf, ) |
| Filing 27 RESPONSE by Defendant Raquel Ruiz to complaint, #1 Answer and Affirmative Defenses to Petition (Raisch, Sarah) |
| Filing 26 MINUTE entry before the Honorable Georgia N Alexakis: The Court has reviewed the parties' proposed case management plan #25 . The Court adopts the following dates set forth in that plan: (1) response to petition due 10/25/24 and any reply due 11/15/24; (2) the parties shall conduct a Rule 26(f) conference by 11/22/24; (3) the parties shall serve initial disclosures and propound written discovery requests by 12/13/24, with the parties responding to written discovery requests within 21 days; (4) fact depositions will be complete by 3/3/25; (5) expert disclosures are due by 3/10/25, and rebuttal expert disclosures are due by 4/4/25, and (6) expert depositions will be complete 4/18/25. The Court will discuss the parties' proposed deadline for the filing of dispositive motions at the 10/30/24 status hearing. For purposes of a bench trial, the parties shall file witness lists, exhibit lists, and exhibits by 5/30/25. With respect to exhibits and exhibit lists, the parties are encouraged to consult the Court's standing order on Proposed Pretrial Orders in Civil Cases (available on its website), which sets out the Court's requirements for receiving exhibit list and exhibits. The Court schedules an in-person final pretrial conference for 6/6/25 at 10 a.m. A bench trial will commence on 6/20/25 at 10 a.m., and the Court will reserve time on 6/23/25 and 6/24/25 for the completion of that bench trial. (ca, ) |
| Filing 25 Joint Proposed Case Management Plan by Raquel Ruiz (Raisch, Sarah) |
| Filing 24 TRANSCRIPT OF PROCEEDINGS held on October 4, 2024 before the Honorable Georgia N Alexakis. Court Reporter Contact Information: Jennifer Costales, CRR, RMR, CRC - jenny.uscra@yahoo.com. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 10/30/2024. Redacted Transcript Deadline set for 11/11/2024. Release of Transcript Restriction set for 1/7/2025. (Costales, Jennifer) |
| Filing 23 TRANSCRIPT OF PROCEEDINGS held on September 30, 2024 before the Honorable Georgia N Alexakis. Court Reporter Contact Information: Jennifer Costales, CRR, RMR, CRC - jenny.uscra@yahoo.com. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 10/30/2024. Redacted Transcript Deadline set for 11/11/2024. Release of Transcript Restriction set for 1/7/2025. (Costales, Jennifer) |
| Filing 22 TRANSCRIPT OF PROCEEDINGS held on September 26, 2024 before the Honorable Georgia N Alexakis. Court Reporter Contact Information: Jennifer Costales, CRR, RMR, CRC - jenny.uscra@yahoo.com. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 10/30/2024. Redacted Transcript Deadline set for 11/11/2024. Release of Transcript Restriction set for 1/7/2025. (Costales, Jennifer) |
| Filing 21 TRANSCRIPT OF PROCEEDINGS held on September 23, 2024 before the Honorable Georgia N Alexakis. Court Reporter Contact Information: Jennifer Costales, CRR, RMR, CRC - jenny.uscra@yahoo.com. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 10/30/2024. Redacted Transcript Deadline set for 11/11/2024. Release of Transcript Restriction set for 1/7/2025. (Costales, Jennifer) |
| Filing 20 MINUTE entry before the Honorable Georgia N Alexakis: Hearing held on 10/4/24. Counsel for Petitioner, Respondent, and the Court-appointed Guardian Ad Litem present. Petitioner and Respondent also present, as well as Petitioner's Spanish-language interpreter. Per this Court's Orders of 9/17/24 and 9/26/24 [6, 8], Respondent surrendered passports for her and the minor child A.F.B.R. on 10/1/2024. During the hearing, Respondent confirmed that she possesses no other passports for herself or the minor child A.F.B.R. For the reasons stated on the record, Respondent's motion to quash civil arrest warrant and unseal records #19 is granted. The Clerk of the Court is directed to unseal all documents in this matter, and the parties can order all transcripts of prior hearings from the court reporter. The Guardian Ad Litem is further directed to release any Amber Alert for the recovery of A.F.B.R. By agreement of the parties, this Court's Temporary Restraining Order of 9/17/24 #5 remains in place. See Fed. R. Civ. P. 65(b)(2). The Court vacates the preliminary injunction hearing set for 10/15/24 at 10 a.m. Respondent has accepted service of the petition #1 as of 10/4/2024. Respondent's answer is due 10/25/24. The parties are directed to submit a proposed case management plan by 10/18/24. A status hearing in this matter is scheduled for 10/30/24 at 2 p.m. The Guardian Ad Litem may participate in that hearing telephonically. Respondent is directed to provide the Court and the Guardian Ad Litem with the addresses of minor child A.F.B.R.'s residence and school by end of day 10/4/24. Respondent is further directed to facilitate a meeting between the Guardian Ad Litem and the minor child A.F.B.R. by end of day 10/7/24. The clerk is directed to provide a copy of this order to the United States Marshals. (ca, ) |
| Filing 19 MOTION by Defendant Raquel Ruiz to quash Civil Arrest Warrant and Unseal Records (Attachments: #1 Exhibit A - Affidavit of Raquel Milena Rincon Ruiz)(Huber, Patrick) |
| Filing 18 ATTORNEY Appearance for Defendant Raquel Ruiz by Patrick Huber (Huber, Patrick) |
| Filing 17 SEALED Notice of Remitted Material to the Custody of the Clerk's Office: Two passports for the Republica De Colombia: Receipt No. 100011527: (See accompanying documentation for further detail). Forwarded to USDC Fiscal Department. (tg, ) |
| Filing 16 MINUTE entry before the Honorable Georgia N Alexakis: Hearing held on 9/30/24. Counsel for petitioner, respondent, and the court-appointed guardian ad litem present. Petitioner also attended the hearing, with the assistance of a Spanish-language interpreter. Respondent was not present. For the reasons set forth on the record, a portion of the hearing was conducted ex parte. For the reasons set forth on the record, including during the ex parte portion of the hearing, the Clerk of the Court is directed to unseal Docket Entry 5; Docket Entries 8, 9, 12, and 14 are to remain under seal. The Court vacates the preliminary injunction hearing set for 10/1/24 at 10 a.m. The preliminary injunction hearing is now set for 10/15/24 at 10 a.m. A status hearing in this matter is scheduled for 10/4/24 at 10 a.m. The parties will receive a Webex link by email, the link should be provided to Petitioner, Respondent and Petitioner's interpreter. Consistent with the Court's 9/17/24 order #5 , respondent is directed to surrender to the Clerk of Court of the United States Court for the Northern District of Illinois any and all passports for Respondent and any and all passports for A.F.B.R. on or before 4:30 p.m. on 10/3/24. After that surrender is done, counsel for the respondent should email the Courtroom Deputy, petitioner's counsel, and the guardian ad litem with that update. (ca, ) |
| Filing 15 ATTORNEY Appearance for Defendant Raquel Ruiz by Sarah Marie Raisch (Raisch, Sarah) |
| Filing 14 SEALED ORDER. Signed by the Honorable Georgia N Alexakis on 9/27/2024. Mailed notice. (lw, ) |
| Filing 13 ATTORNEY Appearance for Defendant Raquel Ruiz by Daisy Ayllon (Ayllon, Daisy) |
| Filing 12 SEALED DOCUMENT (axk, ) |
| Filing 11 ATTORNEY Appearance for In Re A F BR by Gloria Virginia Rodriguez as GAL for the child (Rodriguez, Gloria) |
| Filing 10 MINUTE entry before the Honorable Georgia N Alexakis: Hearing held on 9/26/24. Petitioner's counsel was present in-person. Petitioner was present by telephone along with a Spanish-language interpreter. Respondent was not present. Also present was attorney Gloria Rodriguez who, for reasons stated on the record, did not appear on behalf of respondent. The Court appoints Daisy Ayllon, Romanucci & Blandin, 321 N. Clark Street, Suite 900, Chicago, IL 60654, (610) 806-3111, dayllon@rblaw.net to represent Respondent in this case in accordance with counsel's trial bar obligations under N.D. Ill. Local Rules 83.11(h) and 83.37. Given the time-sensitivity of this matter, the Court directs recruited counsel to file an attorney appearance on or before 9/27/24 and to contact Respondent promptly. Respondent's counsel also must facilitate the prompt relinquishment of passports to the Clerk of the Court #5 . If counsel believes that proceeding with the representation would be inconsistent with her Rule 11 obligations, she should notify the Court immediately. Status hearing set for 9/30/24 at 10 a.m. Respondent must appear in person. Petitioner is granted leave to appear via telephone. The dial-in number for Petitioner and his interpreter is 888-684-8852, Access code: 3236820. (ca, ) |
| Filing 9 SEALED DOCUMENT (axk, ) |
| Filing 8 SEALED ORDER: Signed by the Honorable Georgia N Alexakis on 9/26/2024. Mailed. notice(tg, ) |
| Filing 7 AFFIDAVIT of Service filed by Plaintiff Nelson Ballesteros (Balbirer, Staci) |
| Filing 6 MINUTE entry before the Honorable Georgia N Alexakis: Status hearing held on 9/23/24. Petitioner's counsel was present in-person. Petitioner was present by telephone along with a Spanish-language interpreter. Respondent was not present. Petitioner's counsel reported that service, including of this Court's 9/17/24 order #5 , has not been effectuated, owing in part to a change in Respondent's residence. The Court appoints Gloria Virginia Rodriguez, The Gloria Law Group, 9 N. County, Suite 202, Waukegan, IL 60085, (847) 672-8888, email: gloria@gloriaslaw.com, to represent Respondent in this case in accordance with counsel's trial bar obligations under N.D. Ill. Local Rules 83.11(h) and 83.37. Given the time-sensitivity of this matter, the Court directs recruited counsel to file an attorney appearance on or before 9/25/24 and to contact Respondent promptly. Respondent's counsel also must facilitate the prompt relinquishment of passports to the Clerk of the Court. If counsel believes that proceeding with the representation would be inconsistent with her Rule 11 obligations, she should notify the Court immediately. Status hearing set for 9/26/24 at 10 a.m. Respondent must appear in person. Petitioner is granted leave to appear via telephone. The dial-in number for Petitioner and his interpreter is 888-684-8852, Access code: 3236820. (ca, ) |
| SUMMONS Issued as to Defendant Raquel Ruiz (men, ) |
| Filing 5 SEALED ORDER Signed by the Honorable Georgia N Alexakis on 9/17/2024 (td, ) |
| Filing 3 ATTORNEY Appearance for Petitioner NELSON BALLESTEROS by Staci Leigh Balbirer (Balbirer, Staci) |
| Filing 2 CIVIL Cover Sheet (Balbirer, Staci) |
| Filing 1 COMPLAINT Hague Convention-Return of Minor Child filed by NELSON BALLESTEROS; Filing fee $ 405, receipt number AILNDC-22485093. (Attachments: #1 Exhibit Birth Certificate, #2 Exhibit Refugee Application, #3 Exhibit Hague Application)(Balbirer, Staci) |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (vjd, ) |
| CASE ASSIGNED to the Honorable Georgia N Alexakis. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (Civil Category 2). (vjd, ) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
