Moller v. Hand
| Christina Rae Moller |
| Jessica Myran Hand |
| 3:2023cv00657 |
| December 15, 2023 |
| US District Court for the Western District of Kentucky |
| Claria Horn Boom |
| Other Statutory Actions |
| 42 U.S.C. ยง 11601 International Child Abduction Remedies Act |
| None |
Docket Report
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| Filing 17 NOTICE of Appearance by Robert Frederick Smith on behalf of Jessica Myran Hand (Smith, Robert) |
| Filing 16 SUPPLEMENT re #15 Telephone Conference,,, (Attachments: #1 Exhibit Meade District Court Disposition Order, #2 Exhibit 6th Cir -Tennessee Case, #3 Exhibit 9th Cir - Nevada Case) by Christina Rae Moller. (Dupree, James) |
| Filing 15 MEMORANDUM AND ORDER FOLLOWING TELEPHONIC STATUS CONFERENCE from proceedings held before Judge Claria Horn Boom; Telephonic Status Conference held on 1/16/2024: This matter is STAYED pending further order of this Court. All briefing deadlines are SUSPENDED, and the hearing set for 2/1/2024 is REMANDED. On or before 2/16/2024, the parties SHALL file a status report advising of any updates in the state court proceeding and further providing the parties' positions as to whether the stay should remain in place. On or before the close of business on Friday, 1/19/2024, counsel for Plaintiff SHALL file with the Court copies of the case law referenced during the telephonic status conference. (Court Reporter Rebecca Boyd.) cc: Counsel, Defendant Jessica Myran Hand (Pro Se) (DJT) |
Filing 14
ORDER by Judge Claria Horn Boom on 1/16/24: The telephonic status conference currently scheduled for 1/26/2024 is ADVANCED to Tuesday, 1/16/2024 at 1:30 p.m., before the Honorable Claria Horn Boom, United States District Judge. The parties SHALL connect to the telephonic status conference by dialing the toll-free number 888-363-4735 and entering access code 9522526#. The parties shall dial into the conference five (5) minutes prior to the Conference. The Clerk of Court is DIRECTED to send a copy of this order to Defendant Jessica Myran Hand at the email address provided by Plaintiffs counsel. cc: Counsel, Jessica Myran Hand(email) (DJT)
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Filing 13
ORDER by Judge Claria Horn Boom on 1/12/24: A telephonic status conference is SCHEDULED for Friday, 1/26/2024, at 11:00 a.m., before the Honorable Claria Horn Boom, United States District Judge. All parties are expected to attend the status conference. The parties SHALL connect to the telephonic status conference by dialing the toll-free number 888-363-4735 and entering access code 9522526#. The parties shall dial into the conference five (5) minutes prior to the Conference. The Clerk of Court is DIRECTED to send a copy of this order to Defendant Jessica Myran Hand at the email address provided by Plaintiff's counsel. cc: Counsel, Jessica Myran Hand (via email) (DJT)
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| Filing 12 MEMORANDUM by Christina Rae Moller. (Dupree, James) |
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Filing 11
ORDER signed by Judge Claria Horn Boom on 1/8/2024. The Court's 1/5/2024 Show Cause Order, [R. 9], is DISCHARGED. The hearing on the merits of the Verified Complaint, [R. 1], currently scheduled for 1/11/2024 at 2:00 PM is RESCHEDULED for 2/1/2024 at 1:00 PM before the Hon. Claria Horn Boom. On or before 1/11/2024, Plaintiff SHALL file a status report in this case advising of the outcome of the state court Disposition Hearing. On or before 1/17/2024, Plaintiff SHALL file a brief addressing the merits of her Verified Complaint and the merits of her requests for a warrant for physical custody and a stay of the state court proceeding, if still requested. Defendant SHALL file a response on or before 1/24/2024. Plaintiff may then file a reply on or before 1/30/2024. The Clerk of Court is DIRECTED to send a copy of this order to Defendant Jessica Myran Hand at the email address provided by Plaintiff's counsel. cc: Counsel of Record (MNM)
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| Filing 10 RESPONSE TO ORDER TO SHOW CAUSE filed by Christina Rae Moller. (Attachments: #1 Exhibit Proof of Mailing, #2 Exhibit Adjudication Order Meade District Court) (Dupree, James) |
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Filing 9
SHOW CAUSE ORDER by Judge Claria Horn Boom on 1/5/24: IT IS HEREBY ORDERED as follows: 1. On or before 12:00 PM (noon) on Monday, 1/8/2024, Plaintiff SHALL show cause as to why she failed to file her brief in this matter and SHALL provide an update on the state court proceeding. Plaintiff SHALL also advise the Court as to whether Defendant has been properly served under Federal Rule of Civil Procedure 4. 2. On or before 12:00 PM (noon) on Monday, 1/8/2024, Plaintiff SHALL call the Clerks Office and provide Defendants email address. Plaintiff SHALL NOT include the email address in any filings, and the Clerk's Office will not enter Defendants email address into the record. cc: Counsel (DJT)
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| Filing 8 MINUTES FOLLOWING TELEPHONIC STATUS CONFERENCE from proceedings held before Judge Claria Horn Boom; Telephonic Conference held on 12/20/2023: The Court will enter a separate order addressing Plaintiffs Ex Parte Motion under the Hague Convention for Entry to a TRO, Application for Warrant Seeking Physical Custody of Child, and Scheduling for an Ex Parte Hearing; Issuance of Stay in State Court Proceeding; and Federal Rule 65(B) Certification of Counsel [R. #4 ]. (Court Reporter Rebecca Boyd.) cc: Counsel (DJT) |
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Filing 7
TEMPORARY RESTRAINING ORDER signed by Judge Claria Horn Boom on 12/20/23; granting in part and denying in part #4 Ex Parte Motion.: The motion is GRANTED to the extent Plaintiff seeks a temporary restraining order prohibiting the removal of the Child from Kentucky and an expedited hearing on the merits of the Verified Complaint, [R. #1 ]. The Motion is DENIED WITHOUT PREJUDICE to the extent that Plaintiff seeks a warrant for physical custody of the child and a stay of the state court proceeding. A hearing on the merits of the Verified Complaint, [R. #1 ], is SCHEDULED for Thursday, 1/11/2024 at 2:00 PM before the Hon. Claria Horn Boom, United States District Judge, at the Gene Snyder Federal Court House in Louisville, Kentucky. Plaintiff SHALL file a brief addressing the merits of her Verified Complaint and the merits of her requests for a warrant for physical custody and a stay of the state court proceeding, if still requested, on or before 12/27/2023. Defendant SHALL file a response on or before 1/3/2024. Plaintiff may then file a reply on or before 1/9/2024. Immediately upon receipt of this Order, Plaintiff SHALL serve a copy of her Verified Complaint, [R. #1 ], and this Order to Defendant by email. Plaintiff SHALL also ensure that Defendant has been served in compliance with Federal Rule of Civil Procedure 4, if she has not already done so. cc: Counsel(DJT)
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| Filing 6 SUPPLEMENT re #4 Ex Parte Motion, by Christina Rae Moller. (Dupree, James) |
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Filing 5
SEALED ORDER by Judge Claria Horn Boom on 12/20/23; re #4 EX PARTE MOTION cc: Counsel (DJT)
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| Schedules Brief due by 12/27/2023. REsponses by 1/3/2024, Plaintiff Reply on or before 1/9/2024. Hearing on the Merits of Complaint set for 1/11/2024 at 2:00 PM in Louisville Courtroom before Judge Claria Horn Boom. (DJT) |
| Filing 4 EX PARTE MOTION by Plaintiff Christina Rae Moller (Attachments: #1 Memorandum in Support Brief In Support of Ex Parte Motion, #2 Exhibit Exhibit A - Mexican Civil Code, #3 Exhibit Exhibit B - Proposed Order) (Dupree, James) |
| Filing 3 Summons Issued as to Jessica Myran Hand. Counsel for Plaintiff is responsible for printing and serving the attached issued summons. (HMC) |
| Filing 2 Case Assignment (Random Selection): Case Assigned to Judge Claria Horn Boom. (HMC) |
| Filing 1 COMPLAINT against Jessica Myran Hand, iled by Christina Rae Moller. Filing fee $ 405, receipt number AKYWDC-3940830. (Attachments: #1 Exhibit A - Hague Convention, #2 Exhibit B - Child's Birth Certificate, #3 Exhibit C - DNA Petition, #4 Exhibit D - EPO Petition, #5 Exhibit E - Order Dismissing EPO, #6 Civil Cover Sheet, #7 Corporate Disclosure Statement, #8 Summons for Defendant) (HMC) |
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| Plaintiff: Christina Rae Moller | |
| Represented By: | James B. Dupree |
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| Defendant: Jessica Myran Hand | |
| Represented By: | Robert Frederick Smith |
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