McIntyre v. Smith et al
| Delaney Rae McIntyre |
| Tommy Phar Smith, III and Shemekia Jackson |
| 0:2021cv02182 |
| October 5, 2021 |
| US District Court for the District of Minnesota |
| Leo I Brisbois |
| Wilhelmina M Wright |
| Other Statutory Actions |
| None |
Docket Report
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This docket was last retrieved on October 19, 2021. A more recent docket listing may be available from PACER.
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| Filing 17 (Text-Only) NOTICE of Cancellation of Hearing: The hearing on October 20, 2021, at 1:00 p.m. is CANCELLED. (RJE) |
| Filing 16 NOTICE of Voluntary Dismissal by Delaney Rae McIntyre (Johnsen, Ruta) |
| Filing 15 AFFIDAVIT of Service by Delaney Rae McIntyre re #7 Memorandum in Support of Motion, #9 Order on Ex Parte Motion,,,,,,, Order on Motion for TRO,,,,,, (Johnsen, Ruta) |
| Filing 14 AFFIDAVIT of Service by Delaney Rae McIntyre re #7 Memorandum in Support of Motion, #9 Order on Ex Parte Motion,,,,,,, Order on Motion for TRO,,,,,, (Johnsen, Ruta) |
| Filing 13 AFFIDAVIT of Service by Delaney Rae McIntyre re #1 Petition (in a Civil Case), #4 Summons Issued (Johnsen, Ruta) |
| Filing 12 AFFIDAVIT of Service by Delaney Rae McIntyre re #1 Petition (in a Civil Case), #4 Summons Issued (Johnsen, Ruta) |
| Filing 11 SUMMONS Returned Executed by Delaney Rae McIntyre. Shemekia Jackson served on 10/7/2021, answer due 10/28/2021. (Johnsen, Ruta) |
| Filing 10 SUMMONS Returned Executed by Delaney Rae McIntyre. Tommy Phar Smith, III served on 10/7/2021, answer due 10/28/2021. (Johnsen, Ruta) |
Filing 9
ORDER. IT IS HEREBY ORDERED that Petitioner Delaney Rae McIntyre's Ex Parte Motion for Accelerated Hearing and Request for Temporary Restraining Order 6 is GRANTED as follows: 1. Respondents shall not remove N.G.F.S. from the jurisdiction of this Court while this matter is pending, 22 U.S.C. 9004(a). 2. Any proceedings that are pending within the United States regarding custody and care of N.G.F.S. shall be stayed, pursuant to Article 16 of the Hague Convention. 3. Respondents shall appear with N.G.F.S. before this Court on October 20, 2021, at 1:00 p.m. in Courtroom 7A of the United States District Court for the District of Minnesota, located at 316 North Robert Street, Saint Paul, Minnesota 55101. The initial appearance shall be considered an initial show-cause hearing and scheduling hearing, so that Respondents can confirm to the Court that N.G.F.S. is physically located within the jurisdiction of this Court and so that a date may be set for an expedited evidentiary hearing on the merits of the petition for the return of the child to Petitioner. 4. If Respondents either fail to appear on October 20, 2021, at 1:00 p.m. with N.G.F.S. or remove N.G.F.S. from the jurisdiction of this Court, the Court shall issue a warrant for Respondents' arrest and require them to appear for a contempt hearing. 5. Petitioner shall immediately serve a copy of this Order and a copy of the verified petition and accompanying exhibits upon Respondents. 6. This temporary restraining order shall expire 14 days from the date it is issued, unless the order is extended by the Court for good cause shown. (Written Opinion) Signed by Judge Wilhelmina M. Wright on 10/7/2021. (RJE)
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| Filing 8 PROPOSED ORDER TO JUDGE re 6 EX PARTE Motion re #1 Petition (in a Civil Case), MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Delaney Rae McIntyre.(Johnsen, Ruta) |
| Filing 7 MEMORANDUM in Support re 6 EX PARTE Motion re #1 Petition (in a Civil Case), MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Delaney Rae McIntyre. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Johnsen, Ruta) |
| Filing 5 (Text-Only) NOTICE - Judge Wilhelmina M. Wright's Practice Pointers are available on the United States District Court for the District of Minnesota's #website. All parties are expected to be familiar with and adhere to these Practice Pointers, including Judge Wright's deviations from the Local Rules with respect to motion scheduling and briefing deadlines. (RJE) |
| Filing 4 Summons Issued as to Shemekia Jackson, Tommy Phar Smith, III. (lmb) |
| Filing 3 (Text-Only) CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Wilhelmina M. Wright per Civil (6th - Master) list, referred to Magistrate Judge Leo I. Brisbois. Please use case number 21-cv-2182 (WMW/LIB). (lmb) |
| Filing 2 NOTICE of Appearance by Ruta Johnsen on behalf of Delaney Rae McIntyre. (Johnsen, Ruta) |
| Filing 1 PETITION for the Return of the Child against Shemekia Jackson, Tommy Pharr Smith III (filing fee $402, receipt number AMNDC-9063305) filed by Delaney Rae McIntyre. Filer requests summons issued. (Attachments: #1 Exhibit(s), #2 Civil Cover Sheet) (Johnsen, Ruta) Modified text on 10/5/2021 (lmb). |
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