Babcock v. Babcock
| Denisa Babcock and Denisa Cholasta |
| Chad Michael Babcock |
| Jack A. Schwartz |
| 3:2020cv00066 |
| August 20, 2020 |
| US District Court for the Southern District of Iowa |
| Helen C Adams |
| Robert W Pratt |
| Other Statutory Actions |
| None |
Docket Report
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This docket was last retrieved on October 15, 2020. A more recent docket listing may be available from PACER.
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Filing 35
TEXT ORDER Parties shall file witness lists, exhibit lists, and trial briefs by November 3, 2020. Signed by Senior Judge Robert W. Pratt on 10/15/2020. (klw)
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| Filing 34 TEXT ORDER granting 33 Motion to Continue Hearing. The Evidentiary Hearing is reset for 11/10/2020 at 9:00 AM before Senior Judge Robert W. Pratt. Counsel shall call 1-877-336-1828 and enter code 9317033. Signed by Chief Magistrate Judge Helen C. Adams on 10/8/2020. (bam) |
| Filing 33 ORAL MOTION to continue Hearing. At the Status Conference held on 10/8/2020, the parties submitted a joint oral motion to continue the hearing date to allow for more time to hold the hearing. Motions referred to Helen C. Adams. Responses due by 10/22/2020. (bam) |
| Filing 32 TEXT MINUTE ENTRY for proceedings held before Chief Magistrate Judge Helen C. Adams: Telephonic Status Conference held on 10/8/2020. Attorney Molly Marie McDonnell appeared for Plaintiff. Attorney Eric Steven Mail appeared for defendant. Status of case discussed. Total Court Time: 16 mins. (bam) |
| Filing 31 TEXT ORDER setting Status Conference. Status Conference set for 10/8/2020 at 11:00 AM in Phone Hearing (HCA). Counsel shall call 1-877-336-1829 and enter code 1176783. Hearing will be held before Chief Magistrate Judge Helen C. Adams.Signed by Chief Magistrate Judge Helen C. Adams on 10/7/2020. (bam) |
| Filing 30 ANSWER to Complaint and Affirmative Defenses to Petition for Return of Child by Chad Michael Babcock.(Mail, Eric) |
| Filing 29 CERTIFICATE OF SERVICE by Jack A. Schwartz re 25 Order on Motion to Quash,, (Attachments: #1 Exhibit)(Schwartz, Jack) |
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Filing 28
TEXT ORDER granting #27 MOTION for Extension of Time to File Answer filed by Chad Michael Babcock. Defendant shall have to and including 10/6/2020 to submit an answer to the Verified Complaint. Signed by Senior Judge Robert W. Pratt on 10/2/2020. (klw)
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| Filing 27 MOTION for Extension of Time to File Answer by Chad Michael Babcock.Motions referred to Helen C. Adams. (Mail, Eric) |
| Filing 26 AFFIDAVIT of Amended Affidavit of Service by Chad Michael Babcock. (Mail, Eric) |
| Filing 25 TEXT ORDER denying #23 Motion to Quash Subpoena Decus Tecum. The Court denies Mr. Shwartz's Motion to Quash because he has failed to comply with the requirements found in Federal Rule of Civil Procedure 45(e)(2)(A) regarding withholding privileged information. Shwartz has not adequately described the nature of the withheld documents. The Court denies the request for fees and costs associated with this action. Finally, the Court modifies the subpoena to provide Mr. Shwartz with more time to comply with the subpoena. Mr. Shwartz has until October 5, 2020 to fully comply with the subpoena. Signed by Chief Magistrate Judge Helen C. Adams on 9/30/2020. (bam) |
| Filing 24 RESPONSE to Motion re #23 MOTION to Quash filed by Chad Michael Babcock. Replies due by 10/6/2020. (Attachments: #1 Exhibit Return of Service of Subpoena)(Mail, Eric) |
| Filing 23 MOTION to Quash by Jack A. Schwartz.Motions referred to Helen C. Adams. Responses due by 10/13/2020. (Attachments: #1 Exhibit)(Schwartz, Jack) |
| Filing 22 NOTICE by Chad Michael Babcock Notice of Intent to Serve Subpoena for Documents (Mail, Eric) |
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Filing 21
TEXT ORDER granting #18 Motion for Extension of Time to file response to Plaintiff's Complaint. Plaintiff's answer/response is due by 10/2/2020. Signed by Senior Judge Robert W. Pratt on 9/25/2020. (dmh)
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| Filing 20 Minute Entry for proceedings held before Senior Judge Robert W. Pratt: Status Conference held on 9/25/2020. (Court Reporter Chelsey Wheeler.) (dmh) (Main Document 20 replaced and regenerated on 9/25/2020). (dmh) |
| Filing 19 RESPONSE to Motion re #18 MOTION to Continue Motion for Extension of Time filed by Denisa Babcock. Replies due by 10/2/2020.(McDonnell, Molly) |
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TEXT ORDER Rescheduling Evidentiary Hearing for 10/9/2020 at 10:00 AM in Phone Hearing(RP). Counsel shall call 1-877-336-1828 and enter code 9317033. Hearing will be held before Senior Judge Robert W. Pratt. Signed by Senior Judge Robert W. Pratt on 9/25/2020. (dmh)
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| Filing 18 MOTION to Continue Motion for Extension of Time by Chad Michael Babcock.Motions referred to Helen C. Adams. Responses due by 10/8/2020. (Attachments: #1 Exhibit Letter to Jack Schwartz, #2 Exhibit Email to Jack Schwartz)(Mail, Eric) |
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Filing 17
TEXT ORDER Status Conference set for 9/25/2020 09:00 AM in Phone Hearing(RP). Counsel shall call 1-877-336-1828 and enter code 9317033. Hearing will be held before Senior Judge Robert W. Pratt.. Signed by Senior Judge Robert W. Pratt on 9/24/2020. (mlm)
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Filing 16
TEXT ORDER regarding hearing set for 9/29/2020 at 10:00 am will now be held by telephone conference call. The parties are to call 1-877-336-1828 and enter code 9317033. At the appointed hour the Court will join the call. Signed by Senior Judge Robert W. Pratt on 9/18/2020. (kjw)
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| Filing 15 NOTICE of Appearance by Eric Steven Mail on behalf of Chad Michael Babcock (Mail, Eric) |
| Filing 14 NOTICE of Appearance by Eric David Puryear on behalf of Chad Michael Babcock (Puryear, Eric) |
| Filing 13 TEXT NOTICE from FINANCE re #10 Order. Passport was surrendered on 08/31/2020 to the Davenport US Probation Office. (bes) |
| Filing 11 Summons Issued as to Chad Michael Babcock. (don) |
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Filing 10
ORDER granting #3 MOTION for Temporary Restraining Order filed by Denisa Babcock. Evidentiary/Preliminary Injunction Hearings set for 9/29/2020 10:00 AM in Davenport Courthouse before Senior Judge Robert W. Pratt.. Signed by Senior Judge Robert W. Pratt on 8/24/2020. (don)
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Filing 9
ORDER granting #2 Motion for Leave to Proceed in forma pauperis. Signed by Senior Judge Robert W. Pratt on 8/24/2020. (don)
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| Filing 8 TEXT Minute Entry for ex parte proceedings held before Senior Judge Robert W. Pratt. Motion Hearing held on 8/24/2020 re #3 MOTION for Temporary Restraining Order And Scheduling of an Expedited Hearing filed by Denisa Babcock. The Court granted the Motion for Temporary Restraining Order. Written Order to follow. (Court Reporter Kelli Mulcahy.) (klw) |
| Filing 6 Sealed Document by Denisa Babcock. (Attachments: #1 Exhibit Hague Convention, #2 Exhibit International Child Abduction Remedies Act, #3 Exhibit N.J.B.'s birth certificate, #4 Exhibit Plaintiff's Application for Divorce filed with Ontario Superior Court of Justice, 2-13-2019, #5 Exhibit Affidavit of Service on Defendant, 2-27-2019, #6 Exhibit Pictures of N.J.B. in Ontario with family, friends, #7 Exhibit Proof of N.J.B.'s attendance at Roseland Public School in Windsor, Ontario from 9-5-2017 to 6-30-2019, #8 Exhibit N.J.B.'s 2018-2019 report card from Roseland Public School in Windsor, Ontario, #9 Exhibit N.J.B.'s Reading, Writing, and Mathematics Assessment from Roseland Public School in Windsor, Ontario, #10 Exhibit Calendar of medical appointments for N.J.B. with Dr. Kevin Biswas at the South Windsor Medical Center from 1-17-2018 to 8-24-2018, #11 Exhibit N.J.B.'s Canadian Little League registration from 1-20-2018, #12 Exhibit Final Court Order from Plaintiff's divorce case filed in the Ontario Superior Court of Justice, issued 4-26-2019, #13 Exhibit Text communication between Plaintiff and Defendant between 7-8-2019 and 7-9-2019, #14 Exhibit Text communication between Plaintiff and Defendant on 8-20-2019, #15 Exhibit E-mail and letter correspondence between Attorneys Jack A. Schwartz and William Morrison on 8-20-2019, #16 Exhibit Plaintiff's Request for Return of Child, completed 8-26-2019)(McDonnell, Molly) |
| Filing 5 TEXT ORDER granting #4 Motion to File Under Seal. Plaintiff may file their supporting materials under seal. Signed by Chief Magistrate Judge Helen C. Adams on 8/20/2020. (bam) |
| Filing 4 MOTION to Seal by Denisa Babcock.Motions referred to Helen C. Adams. Responses due by 9/3/2020. (McDonnell, Molly) |
| Filing 3 MOTION for Temporary Restraining Order And Scheduling of an Expedited Hearing by Denisa Babcock. Responses due by 9/3/2020. (Attachments: #1 Brief in Support)(McDonnell, Molly) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Denisa Babcock. (McDonnell, Molly) |
| Filing 1 COMPLAINT against Chad Michael Babcock, filed by Denisa Babcock. Notice of Dismissal for lack of Service deadline set for 11/18/2020. Rule 16 Notice of Dismissal set for 11/18/2020. (Attachments: #1 Civil Cover Sheet)(McDonnell, Molly) |
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