Hudson de Souza Aredes v. Gessica Aparecida Pereira Aredes
| Hudson deSouza Aredes |
| Gessica Aparecida Pereira Aredes |
| 1:2022cv10666 |
| May 4, 2022 |
| US District Court for the District of Massachusetts |
| Indira Talwani |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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| Filing 29 Judge Indira Talwani: ORDER entered. Please see attached order.(Talwani, Indira) |
| Filing 28 Judge Indira Talwani: ORDER entered. JUDGMENT RETURNING MINOR CHILD TO BRAZIL. (MacDonald, Gail) |
| Filing 27 Proposed Document(s) submitted by Hudson deSouza Aredes. Document received: Proposed judgment submitted on behalf of Petitioner. (MacDonald, Gail) |
| Filing 26 Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Status Conference held on 6/23/2022. Case called. Interpreter sworn. Petitioner present with counsel; Respondent present with Sue O'Brien who does not represent Respondent and is only present to assist. Court had colloquy with the parties. The Findings Of Fact And Conclusions Of Law #25 were emailed to Ms. O'Brien and Respondent Mrs. Aredes for Mrs. Aredes' review. After a brief recess, the conference resumed. The Court inquired who can bring the child back to Brazil; Respondent stated she would bring the child to Brazil but requested time to get ready. After another brief recess it was determined that after all the proper paperwork is in order, that Wellington Aredes would purchase plane tickets for Respondent and the child, escort them to the airport for check in, and once the boarding passes issued, would leave them at the gate to board the plane. Respondent's father may also accompany them to the airport. The child is to reside with Respondent's mother Marlene Pereira in Brazil. Attorney Ana Matoso stated that she will help get a hearing re custody in Brazilian court. Upon the Court's inquiry about the paperwork needed to facilitate travel to Brazil, Petitioner stated that it was her (atty. Hickey's) understanding that according to the Brazilian Consulate in Boston, the Court can issue a certified request that the Brazilian Consulate issue a Return to Brazil Authorization for the child and the Respondent. Petitioner is to provide a proposed order/request of the consulate to the Court. The Court stated that the Respondent must provide a copy of any paperwork she received from United States Citizenship and Immigration Services to the Court by emailing copies of the paperwork to the clerk (gail_macdonald@mad.uscourts.gov). Immigration Services must be alerted that Respondent and her child will be leaving the United States. Counsel may request a further conference if needed. Order to follow. (Court Reporter: Robert Paschal at rwp.reporter@gmail.com.) (Attorneys present: Wendy O. Hickey, Ana Elizabeth Schwarz, Ana Matoso, Gessica Aparecida Pereira Aredes, Pro Se. Interpreter: Carolina Cunha - carolnovaiscunha@yahoo.com.br) (MacDonald, Gail) |
| Filing 25 Judge Indira Talwani: ORDER entered. FINDINGS OF FACT AND CONCLUSIONS OF LAW(Talwani, Indira) |
| Filing 24 Judge Indira Talwani: ELECTRONIC ORDER directing Petitioner to provide a complete copy of the translation of the "Judgement" docketed as Doc. No. 1-8 (which is missing page 67) to the clerk, who will replace it on the docket. (Kelly, Danielle) |
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Filing 23
Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Motion Hearing held on 6/17/2022 re #3 MOTION for Temporary Restraining Order filed by Hudson deSouza Aredes. Case called. Interpreter Carolina Cunha sworn. Court had colloquy with counsel and Pro Se Respondent Gessica Aparecida Pereira Aredes. Respondent is not represented but is appearing on screen from Massachusetts Community Help Center with Sue O'Brien, who does not have a role in this case (sue oliveira mul2014@live.com). The Court noted there was no response filed. Petitioner called Hudson Aredes; witness sworn. From the affidavit filed 6/15/2022, #21 paragraph 6 and the photographs to which it refers offered as exhibits; that portion of the affidavit only is admitted as are Exhibits 21-1., 21.2. Exhibits from the Verified Complaint #1 admitted: Exhibit 1-7 Application to Brazil Central Authority; Exhibit 1-8 Brazilian Order; Exhibit 1-9 Birth Certificate; Exhibit 1-10 Parties' Marriage Certificate; Exhibit 1-11 Child's Passport; Exhibit 1-13 Child's Medical Records. The Court asked Respondent if she had any objections to the admitted birth certificate; Respondent stated she was in possession of the original. Portuguese versions of exhibits translated to English will be provided by Petitioner to give Mrs. Aredes the opportunity to review and confirm their authenticity. All submitted documents in English must be supplemented w/an authentic copy of the Portuguese version of the document. Record to be kept open for this supplementation. Exhibit 1-12 Child's School Enrollment not admitted as there is no indication of who translated it. Cross-examination by Respondent; rebuttal; witness stepped down. Petitioner called Wellington Aredes; witness sworn; cross; witness stepped down. Petitioner called Respondent Gessica Aredes; witness sworn and testified; Petit. cross exam; witness stepped down. After a brief recess, Respondent called Raximila Xavier; witness sworn; direct exam; cross exam; redirect; recross; witness stepped down. Respondent called Josimara Silva; witness sworn; direct exam.; cross exam; witness stepped down. Respondent called Marlene Pereira; witness sworn; direct exam; cross exam; witness stepped down. Respondent called Geisandro Pereira; witness sworn; direct exam; Petit. moved to strike this testimony; denied. Cross exam; witness stepped down. Written decision to issue. Status Conference set for 6/23/2022 11:00 AM in Courtroom 9 (Remote only) before Judge Indira Talwani.The Status Conference will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Court Reporter: Robert Paschal at rwp.reporter@gmail.com.)(Attorneys present: Wendy O. Hickey, Ana Elizabeth Schwarz, Gessica Aparecida Pereira Aredes, Pro Se). Interpreter: Carolina Cunha |
| Filing 22 Judge Indira Talwani: ELECTRONIC ORDER granting Petitioner's request for appointment of Carolina Cunha to serve as the neutral interpreter for any parties or witnesses who require Brazilian Portuguese interpretation for the hearing to be conducted via Zoom on June 17, 2022, at 10:00 a.m. in the above captioned matter. (Kelly, Danielle) |
| Filing 21 AFFIDAVIT of Hudson de Souza Aredes by Hudson deSouza Aredes. (Attachments: #1 Exhibit Photographs, #2 Exhibit Notice of Criminal Investigation)(Hickey, Wendy) |
| Filing 20 MOTION Appointment of Neutral Interpreter by Hudson deSouza Aredes.(Hickey, Wendy) |
| Filing 19 Judge Indira Talwani: ORDER entered. PRELIMINARY INJUNCTION. (MacDonald, Gail) |
| Filing 17 NOTICE of Appearance by Ana Elizabeth Schwarz on behalf of Hudson deSouza Aredes (Schwarz, Ana) |
| Filing 18 Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Motion Hearing held on 6/3/2022 re #3 MOTION for Temporary Restraining Order filed by Hudson deSouza Aredes. Case called. Court heard argument from counsel. The interpreter who appeared on screen w/atty. Ana Matoso was sworn. Respondent was not present. Counsel reported the original complaint was served on Respondent on 5/5/2022, and the subsequent orders and orders setting this hearing were served on Respondent on 5/19/2022, by hand, mail and Fedex. Respondent was to answer w/in 21 days so is now in default as to the summons. The affidavits were served as well, on 6/2/22. The Court noted that Document 1-8 was missing page 67. Counsel shall provide the complete document to the clerk, who will replace it on the docket. The Court again ordered that the child must stay in the Commonwealth of Massachusetts and shall not be removed. Additional relief was allowed; order to follow. The Court ordered that Respondent may not retain possession of the child's passport and was ordered to turn over the passport and any other travel documents to the Clerk of this Court. The order shall be served by a process server. If the passport is not returned w/in 2 weeks, law enforcement will be directed to re-serve the order. Respondent shall not seek any new travel documents. The notice of this hearing did not state that there would be a hearing on the merits. The Court accepted the submitted Affidavits and stated that testimony would be taken in support of the petition. The Record shall remain open to give Respondent time to either cross examine or offer her own witnesses. In the absence of her appearance, a temporary custody order will issue to Wellington Aredes. Further hearing to be set on June 10, 2022. Hudson Aredes called and sworn. While testimony was being given, the clerk received notice via email that the Respondent was about to join the video hearing. Gessica Aparecida Pereira Aredes appeared at the hearing with Sue O'Brien of attorney Michael McDonald's office. Ms. O'Brien agreed to act as an interpreter and was sworn. Ms. O'Brien stated that atty. McDonald had not been formally retained and was not appearing on Respondent's behalf; if he is retained he must file a Notice of Appearance. Respondent stated that she had attempted to join this and the prior hearing but was unable to as she does not speak English, or did not have the correct information. Respondent reported that U.S. Immigration was in possession of her daughter's and her passports. The Court granted Respondent's request that the 6/10/2022 date for the next hearing be continued to 6/17/2022, to give her time to retain counsel. Atty. Matoso relayed that Wellington Aredes requested visitation with the child; denied. Respondent stated that the child has her own phone and is in contact with her father, Hudson Aredes. TRO/PI extended. The following Notice of the next hearing will be sent by regular mail and by email to Gessicapereira12@hotmail.com. Evidentiary Motion Hearing set for 6/17/2022 10:00 AM in Courtroom 9 (Remote only) before Judge Indira Talwani. Two days before 6/17/2022, Respondent must serve and file any affidavits. Respondent's response to the Complaint is overdue and must be filed immediately. The temporary custody order as to Wellington Aredes will not issue. Respondent ordered to keep the child in Massachusetts and not remove her. TRO /PI is extended. At the Evidentiary Hearing: - Direct evidence is allowed to come in via affidavit for the hearing; - Affidavits must be filed on the docket two days before the June 17, 2022 hearing; - Relators response to the Verified Complaint #1 should be filed promptly as it was due May 26, 2022; - Parties shall agree on a neutral interpreter and provide the interpreter's information to the clerk (name, email address, and phone number.) If a neutral interpreter cannot be agreed-upon, the clerk must be alerted immediately. If issues arise with appearing in the virtual hearing, parties are directed to call 617-748-4007, or email the clerks at gail_macdonald@mad.uscourts.gov and danielle_kelly@mad.uscourts.gov The 6/17/2022, hearing at 10:00 a.m. will be conducted by video conference. The parties will receive a video conference invite via email. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy clerk as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Court Reporter: Robert Paschal at rwp.reporter@gmail.com.)(Attorneys present: Wendy O. Hickey, Ana Schwarz (appearance to be filed), Ana Matoso, Petitioner's counsel in Brazil, Gessica Aparecida Pereira Aredes Pro Se)) (MacDonald, Gail) |
| Filing 16 AFFIDAVIT of Wellington Aredes by Hudson deSouza Aredes. (Hickey, Wendy) |
| Filing 15 AFFIDAVIT of Hudson de Souza Aredes by Hudson deSouza Aredes. (Attachments: #1 Exhibit Brazilian Order)(Hickey, Wendy) (Additional attachment(s) added on 6/22/2022: #2 Exhibit 2 Brazilian Order w/missing pg. included) (MacDonald, Gail). |
| Filing 14 ACKNOWLEDGMENT OF SERVICE Executed by Hudson deSouza Aredes. Acknowledgment filed by Hudson deSouza Aredes. (Attachments: #1 Affidavit Certificate of Service and Affidavit of Notice per May 18, 2022 Order)(Hickey, Wendy) |
| Filing 13 Judge Indira Talwani: ORDER entered. Please see attached. (Kelly, Danielle) |
| Filing 12 Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Motion Hearing held on 5/17/2022 re #3 MOTION for Temporary Restraining Order filed by Hudson deSouza Aredes. Case called. Court had colloquy with counsel. The TRO remains in effect. Written response from Defendant to the summons due 5/26/2022. Evidentiary hearing on #3 MOTION for Temporary Restraining Order set for 6/3/2022 10:00 AM in Courtroom 9 (Remote only) before Judge Indira Talwani, but may be reset from the morning to the afternoon. Counsel directed to serve notice of the June 3rd hearing and the forthcoming Order on Defendant by regular mail and overnight mail, and shall address separate notices to Defendant and also in care of her father at his address. A Certificate of Service shall be filed. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Court Reporter: Robert Paschal at rwp.reporter@gmail.com.)(Attorneys present: Wendy O. Hickey (Ana Matoso, Plaintiff's counsel in Brazil)) (MacDonald, Gail) |
| Filing 11 AFFIDAVIT OF SERVICE Executed by Hudson deSouza Aredes. Gessica Aparecida Pereira Aredes served on 5/5/2022, answer due 5/26/2022. Acknowledgement filed by Hudson deSouza Aredes. (Hickey, Wendy) |
| Filing 10 ELECTRONIC NOTICE Resetting Hearing on Motion #3 MOTION for Temporary Restraining Order: Motion Hearing set for 5/26/2022, is RESET for 5/17/2022 10:00 AM in Courtroom 9 (Remote only) before Judge Indira Talwani. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov.(MacDonald, Gail) |
| Filing 9 Judge Indira Talwani: ORDER entered. SEE ATTACHED TEMPORARY RESTRAINING ORDER. (MacDonald, Gail) |
| Filing 8 Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Motion Hearing held on 5/4/2022 re #3 MOTION for Temporary Restraining Order filed by Hudson deSouza Aredes. Case called. Court had colloquy with counsel. Summons to be served. Written order to issue. Further Motion Hearing set for 5/26/2022 10:00 AM in Courtroom 9 (Remote only) before Judge Indira Talwani. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Court Reporter: Alice Moran alice.moran@verizon.net.)(Attorneys present: Wendy O. Hickey) (MacDonald, Gail) |
| Filing 7 ELECTRONIC NOTICE Setting Hearing on Motion #3 MOTION for Temporary Restraining Order: Motion Hearing set for 5/4/2022 03:30 PM in Courtroom 9 (Remote only) before Judge Indira Talwani. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov.(MacDonald, Gail) |
| Filing 6 Judge Indira Talwani: ELECTRONIC ORDER granting Petitioner's Motion #2 to file unredacted versions of his Petition #1 and those supporting exhibits containing identifying information of the minor child such as her name and date of birth.Counsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Kelly, Danielle) |
| Filing 5 Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Geraldino-Karasek, Clarilde) |
| Filing 4 ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L. Cabell. (Finn, Mary) |
| Filing 3 MOTION for Temporary Restraining Order by Hudson deSouza Aredes.(Hickey, Wendy) |
| Filing 2 MOTION to Seal Document by Hudson deSouza Aredes.(Hickey, Wendy) |
| Filing 1 COMPLAINT against Hudson deSouza Aredes Filing fee: $ 402, receipt number AMADC-9305036 (Fee Status: Filing Fee paid), filed by Hudson deSouza Aredes. (Attachments: #1 Appendix Category Form, #2 Civil Cover Sheet Civil Cover Sheet, #3 Exhibit Hague Convention, #4 Exhibit Department of State Text, #5 Exhibit ICARA, #6 Exhibit CFR, #7 Exhibit Application to Brazil Central Authority, #8 Exhibit Brazilian Order, #9 Exhibit Birth Certificate, #10 Exhibit Parties Marriage Certificate, #11 Exhibit Childs Passport, #12 Exhibit Childs School Enrollment, #13 Exhibit Childs Medical Records)(Hickey, Wendy) (Additional attachment(s) added on 5/4/2022: #14 COMPLAINT *SEALED*) (Kelly, Danielle). (Additional attachment(s) added on 6/22/2022: #16 Supplement Exh 9 - Child's Birth Cert. in Portuguese, #17 Supplement Exh 10 Marriage Cert in Portuguese, #18 Supplement Supp to Exh 11 Child's Passport in Portuguese) (MacDonald, Gail). |
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| Plaintiff: Hudson deSouza Aredes | |
| Represented By: | Wendy O. Hickey |
| Represented By: | Ana Elizabeth Schwarz |
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| Defendant: Gessica Aparecida Pereira Aredes | |
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