Dubikovskyy v. Goun
| Elena Goun |
| Vladyslav Dubikovskyy |
| 2:2020cv04207 |
| October 23, 2020 |
| US District Court for the Western District of Missouri |
| Nanette K Laughrey |
| Other Statutory Actions |
| None |
Docket Report
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Filing 44
ORDER by Judge Nanette K. Laughrey. The Court orders that Respondent make M.D. available for an in camera interview by the Court on December 22, 2020, at 12:00 P.M. CST. The interview shall be conducted via videoconference outside the presence of the Respondent and the attorneys. Respondent is ordered to ensure that M.D. is allowed to converse alone with the Court in a completely private setting. Neither Petitioner nor Respondent nor their representatives shall prepare or coach the child in advance of the interview. Following the conclusion of the interview, both parties and their representatives are ordered to not ask M.D. about any statements made during the interview. Respondent will be provided notice and the Zoom information by email on December 21, 2020. Signed on 12/21/2020 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Levin, Benjamin)
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| Filing 43 NOTICE OF INTENT TO REDACT Respondent's Notice of Intent to Redact by Elena Goun re #36 Electronic Transcript. Redactions to transcript due by 12/28/2020 unless otherwise directed by the court. (Komie, Stephen) |
| Filing 42 NOTICE OF INTENT TO REDACT Petitioner's Notice of Intent to Redact by Vladyslav Dubikovskyy re #36 Electronic Transcript. Redactions to transcript due by 12/28/2020 unless otherwise directed by the court. (Alagna, Steven) |
| Filing 41 MINUTE ENTRY. Teleconference held before the Honorable Nanette K. Laughrey on December 15, 2020. The Court asked the parties if they believe the record was complete or if they believe a hearing on the expert's report was needed. Mr. Komie stated that a hearing was not needed. After a recess to allow consultation with his client, Mr. Schmidt also stated that a hearing was not needed. Mr. Schmidt requested permission for the parties to share their sealed findings of fact and conclusions of law with each other. The Court granted the request, but instructed those filings be shared only among counsel, and not be shared with clients. The matter is fully submitted and now taken under advisement. Appearances: Petitioner by Christopher Schmidt and Steven Alagna. Respondent by Stephen Komie. Court Reporter: Katie Wirt. Courtroom Deputy: Renea Matthes Mitra To order a transcript of this hearing please contact Katie Wirt, 816-512-5608, katie_wirt@mow.uscourts.gov. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea) |
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Filing 40
ORDER entered by Judge Nanette K. Laughrey.A Telephone Conference is set for 12/15/2020 at 09:00 AM. The parties shall call conference number 877-336-1828, access code: 8503666 to participate. Signed on 12/14/20 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea)
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| Filing 39 Expert Report from Dr. James Straub concerning M.D. (SEALED) Signed on 12/14/20 by District Judge Nanette K. Laughrey. (Report emailed to counsel.) (Matthes Mitra, Renea) |
| Filing 38 TRIAL DOCUMENT (SEALED) Petitioner's Proposed Findings of Fact and Conclusions of Law by Vladyslav Dubikovskyy. (Alagna, Steven) |
| Filing 37 TRIAL DOCUMENT (SEALED) Findings of Fact and Conclusions of Law by Elena Goun. (Komie, Stephen) |
| Filing 36 ELECTRONIC TRANSCRIPT of Bench Trial held 12/2/2020 before Judge Nanette K. Laughrey. Court Reporter: Katie Wirt, 816-512-5608, katie_wirt@mow.uscourts.gov. Number of pages: 225. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the parties' intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.mow.uscourts.gov. Please read this policy carefully. NOTICE: Attorneys must contact the court reporter for copies during this 90 day period. If necessary, Notice of Intent to Redact is due by 12/16/2020 unless otherwise directed by the court. Release of Transcript Restriction set for 3/9/2021. NOTICE: Attorneys must contact the court reporter for copies during this 90 day period. (Wirt, Katie) |
| Filing 35 SEALED TRANSCRIPT of Bench Trial held 12/2/2020 before Judge Nanette K. Laughrey. Court Reporter: Katie Wirt, 816-512-5608, katie_wirt@mow.uscourts.gov. Number of pages: 251.(Wirt, Katie) |
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Filing 34
ORDER entered by Judge Nanette K. Laughrey. The testimony of the minor child, M.D., at the evidentiary hearing held December 2, 2020 is ordered sealed until further order of the Court. (Text entry only). Signed on 12/8/20 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea)
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| Filing 33 NOTICE of filing Petitioner's Objection to Child-Psychology Evaluation by Vladyslav Dubikovskyy re 32 Order,,,,, (Alagna, Steven) |
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Filing 32
ORDER by Judge Nanette Laughrey. Pursuant to Fed. R. Evid. 706 and with his consent, Dr. James Straub, is appointed to examine M.D. and thereafter promptly deliver to the Court a written report containing his findings concerning the child's independence and maturity. The examination will occur via Zoom on December 8, 2020, at 3:30 P.M. Respondent is ordered to ensure M.D. is available and ready at that time to be evaluated by Dr. Straub.Respondent is ordered to ensure that M.D. is allowed to converse alone with Dr. Straub in a completely private setting. Neither Petitioner or Respondent or their representatives shall prepare or coach the child in advance of the examination. Following the conclusion of the examination, both parties and their representatives are ordered to not ask M.D. about any statements made during the examination. Respondent will be provided the Zoom information by email on Monday, December 7, 2020. Any technological issues that cannot be resolved promptly between respondent and Dr. Straub must be reported immediately to Renea Mitra at 816-512-5683. (Text entry only) Signed on 12/6/20 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea)
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| Filing 31 MINUTE ENTRY. Teleconference held before the Honorable Nanette K. Laughrey on December 4, 2020. The Court informed the parties that after review of the record the Court has concluded that the Court will appoint a psychologist to examine the child. The purpose of the examination is to provide information about the maturity and independence of the child. Costs of the examination will be assessed jointly or against one or the other party. Mr. Schmidt stated he believed it was not necessary to have a psychologist examine the child because the Swiss court already considered the maturity of the child. Mr. Komie stated he was in agreement with the Court's appointment of a psychologist. Mr. Schmidt requested the Court keep the parties informed of the process. All briefing deadlines remain unchanged. Appearances: Petitioner by Christopher Schmidt and Steven Alagna. Respondent by Stephen Komie and Bryan King. Court Reporter: Katie Wirt. Courtroom Deputy: Renea Matthes Mitra. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea) |
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Filing 30
ORDER entered by Judge Nanette K. Laughrey. A Telephone Conference is set for 12/4/2020 at 11:00 AM. The parties shall call conference number 877-336-1828, access code: 8503666 to participate. Signed on 12/4/20 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea)
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| Filing 29 Minute Entry. Proceedings held before District Judge Nanette K. Laughrey: EVIDENTIARY HEARING held on 12/2/2020. To order a transcript of this hearing please contact Katie Wirt, 816-512-5608, katie_wirt@mow.uscourts.gov. (Matthes Mitra, Renea) |
| Filing 28 PROPOSED WITNESS LIST by Vladyslav Dubikovskyy Petitioner's Updated Witness List and Exhibit Index. (Alagna, Steven) |
| Filing 27 PROPOSED EXHIBIT LIST and Witness List by Elena Goun. (Komie, Stephen) |
| Filing 26 MOTION in limine Petitioner's Motion to Exclude or Limit Minor Child's Testimony filed by Steven Alagna on behalf of Vladyslav Dubikovskyy. Suggestions in opposition/response due by 12/15/2020 unless otherwise directed by the court. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Alagna, Steven) |
| Filing 25 MINUTE ENTRY. Teleconference held before the Honorable Nanette K. Laughrey on November 30, 2020, regarding the December 2, 2020 hearing. The Court has received Petitioner's witness list, exhibit list and exhibits. The Court ordered Defendant to submit a witness list, exhibit list and any exhibits by 5 PM on December 1, 2020. Mr. Komie stated that he will be calling Elena Goun to testify at the hearing and possibly other witnesses. Mr. Komie stated he requested potentially relevant records from Switzerland two weeks ago. Appearances: Plaintiff by Christopher Schmidt and Steven Alagna. Defendant by Stephen Komie. Court Reporter: None. Courtroom Deputy: Renea Matthes Mitra. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea) |
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Filing 24
ORDER entered by Judge Nanette K. Laughrey. A Telephone Conference is set for 11/30/2020 at 10:00 AM. The parties shall call conference number 877-336-1274, access code 2707681 to participate. Signed on 11/29/20 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea)
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| Filing 23 Verified ANSWER to #1 Complaint, on behalf of Elena Goun.(Komie, Stephen) |
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Filing 22
ORDER by Judge Nanette K. Laughrey. Respondents Motion for an Order for a Translator, Doc. #18 , is denied. Parties are responsible for retaining translators for their witnesses if necessary. Signed on 11/20/2020 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Levin, Benjamin)
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Filing 21
ORDER by Judge Nanette K. Laughrey. Respondents Motion for an Order to Declare Material Witnesses, Doc. #19 , is denied as moot. The evidentiary hearing is set to occur via video conference, and consequently no witnesses will need to travel to the United States to testify. Doc. 14 . As such, there is no need for the Court to declare any witnesses as material for purpose of expediting the visa process. Signed on 11/18/2020 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Levin, Benjamin)
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| Filing 20 Minute Entry. Unrecorded Proceedings held by Video Teleconference before Magistrate Judge Willie J. Epps, Jr: SETTLEMENT CONFERENCE held on 11/18/2020. Case did not settle. Plaintiff appeared by video teleconference and by Counsel: Christopher J. Schmidt and Steven Alagna. Defendant appeared by video teleconference and by Counsel: Stephen M. Komie. Time in court: 9:05 am to 1:35 pm. This is a TEXT ONLY ENTRY. No document is attached. (Geiser, Angel) |
| Filing 19 MOTION for protective order to Declare Material Witnesses filed by Stephen M. Komie on behalf of Elena Goun. Suggestions in opposition/response due by 11/30/2020 unless otherwise directed by the court. (Komie, Stephen) |
| Filing 18 MOTION for order for an Order for a Translator , MOTION for protective order filed by Stephen M. Komie on behalf of Elena Goun. Suggestions in opposition/response due by 11/30/2020 unless otherwise directed by the court. (Komie, Stephen) |
| Filing 17 ***AMENDED NOTICE OF VIDEO HEARING - This is the official notice for this hearing. This is a change in time only. TEXT ONLY ENTRY. No document is attached. Settlement Conference re-set for 11/18/2020 at 09:00 AM before Magistrate Judge Willie J. Epps, Jr. Parties are directed to review the MAP General Order docketed in this case. All persons with actual settlement authority are required to attend the mediation. Additionally, if an insurance representative's approval is required to settle, they must attend. Parties are also directed to submit a combined mediation statement, of no more than three (3) pages, to angel_geiser@mow.uscourts.gov. Video Teleconference link will be provided to the parties by email. (Geiser, Angel) |
| Filing 16 NOTICE of appearance by Steven Alagna on behalf of Vladyslav Dubikovskyy (Attorney Steven Alagna added to party Vladyslav Dubikovskyy(pty:pet))(Alagna, Steven) |
| Filing 15 NOTICE OF VIDEO HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Settlement Conference set for video teleconference on 11/18/2020 at 08:00 AM before Magistrate Judge Willie J. Epps, Jr. Parties are directed to review the MAP General Order docketed in this case. All persons with actual settlement authority are required to attend the mediation. Additionally, if an insurance representative's approval is required to settle, they must attend. Parties are also directed to submit a combined mediation statement, of no more than three (3) pages, to angel_geiser@mow.uscourts.gov at least three (3) business days prior to the mediation. Video Teleconference link will be provided to the parties by email. (Geiser, Angel) |
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Filing 14
ORDER entered by Judge Nanette K. Laughrey. The Court has concluded that in the interest of health and safety the Evidentiary Hearing set for December 2, 2020 at 10:00 AM will be held by Zoom video conference. The parties will be provided the information needed to connect to the conference by email. Signed on 11/12/20 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea)
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| Filing 13 NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR DEADLINES AND REQUIREMENTS.Notice of MAP assignment to United States Magistrate Judge Willie J. Epps. (Attachments: #1 MAP General Order)(Warren, Melissa) |
| Filing 12 NOTICE of appearance by Stephen M. Komie on behalf of Elena Goun (Komie, Stephen) |
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Filing 11
ORDER granting #10 motion to appear pro hac vice entered by Clerk of Court. Attorney Stephen Komie for Elena Goun allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Berner, Crystal)
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| Filing 10 Motion to allow Stephen Komie to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7125564) filed by Daniel J. Dodson on behalf of Elena Goun. (Dodson, Daniel) |
| Filing 9 NOTICE of appearance by Daniel J. Dodson on behalf of Elena Goun (Attorney Daniel J. Dodson added to party Elena Goun(pty:dft))(Dodson, Daniel) |
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Filing 8
ORDER entered by Judge Nanette K. Laughrey. A Hearing is set for December 2, 2020, at 10:00 AM in Courtroom 4A, Jefferson City (NKL) before District Judge Nanette K. Laughrey. Signed on 10/30/20 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Order emailed to: stephen_m_komie@komie-and-associates.com )(Matthes Mitra, Renea)
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| Filing 7 MINUTE ENTRY. Teleconference held before the Honorable Nanette K. Laughrey on October 30, 2020. The Court discussed the scope of mediation with the parties. The Court inquired about Mr. Komies status of filing a motion for admission pro hac vice. Mr. Komie stated that he is in contact with local counsel and the motion for admission is in process and should be completed soon. The Court expects the admission status of counsel to be resolved by early next week. The Court will set a hearing on the case on December 2, 2020 at 10:00 AM. The Court finds that Petitioner Vladyslav Dubikovskyy is a necessary witness for this hearing and that he must appear personally. Counsel stated they are both available this date and time. The Court will refer the case to a magistrate for mediation. Appearances: Plaintiff by Christopher Schmidt and Jake Simon. Defendant by Stephen Komie. Court Reporter: None. Courtroom Deputy: Renea Matthes Mitra. This is a TEXT ONLY ENTRY. No document is attached. (Minute entry emailed to: stephen_m_komie@komie-and-associates.com )(Matthes Mitra, Renea) |
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Filing 6
ORDER entered by Judge Nanette K. Laughrey. A Telephone Conference is set for 10/30/2020 at 10:00 AM regarding the scope of mediation. The parties shall call conference number 877-336-1828, access code: 8503666 to participate. Signed on 10/28/20 by District Judge Nanette K. Laughrey. (Order emailed to stephen_m_komie_komie-and-associates.com) This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea)
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| Filing 5 MINUTE ENTRY. Teleconference held before the Honorable Nanette K. Laughrey on October 27, 2020, regarding Plaintiffs request for an expedited hearing. Mr. Schmidt stated that the parties have discussed scheduling and would request the Respondent have until November 20, 2020 to file an answer and then schedule a hearing the first couple of weeks of December. Mr. Komie confirmed the request and requested the case be referred to a magistrate for mediation. The Court granted the parties request and ordered Defendants answer to be filed by November 20, 2020, and the Court will set a hearing the first of December. The Court ordered the parties to submit any evidence they expect to enter into evidence at least 5 days before the hearing. The Court will refer the case to a magistrate for mediation. The Court will permit Petitioner to appear in person for mediation and Respondent remotely. Appearances: Plaintiff by Christopher Schmidt and Jake Simon. Defendant by Stephen Komie. Court Reporter: Katie Wirt. Courtroom Deputy: Renea Matthes Mitra. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea) Modified on 10/28/2020 to reflect copy of the NEF mailed to Stephen Komie, Komie & Associates, 1 North LaSalle Street, Chicago, IL 60602(Warren, Melissa). |
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Filing 4
ORDER entered by Judge Nanette K. Laughrey. A Telephone Conference is set for 10/27/2020 at 09:00 AM regarding Plaintiff's Motion for Expedited Hearing. The parties shall call Conference number 877-336-1828, access code: 8503666 to participate. Plaintiff's counsel shall notify defense counsel of the hearing and provide to them the dial in conference number. Signed on 10/26/20 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea) Modified on 10/26/2020 to correct typographical error. (Matthes Mitra, Renea).
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| Filing 3 MOTION to expedite Hearing filed by Christopher J. Schmidt on behalf of Vladyslav Dubikovskyy. Suggestions in opposition/response due by 11/6/2020 unless otherwise directed by the court. (Schmidt, Christopher) Modified on 12/7/2020 to terminate motion. Hearing held 12/2/2020. (Matthes Mitra, Renea). |
| Filing 2 SUPPLEMENT Informational Brief on the Hague Convention. (Related document(s) #1 ) (Schmidt, Christopher) |
| Filing 1 COMPLAINT against Elena Goun filed by Christopher J. Schmidt on behalf of Vladyslav Dubikovskyy. Filing fee $400, receipt number AMOWDC-7110596. Service due by 1/21/2021 unless otherwise directed by the court. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, # 5 Exhibit Proposed Order (This document has been deleted) , #6 Civil Cover Sheet)(Schmidt, Christopher) |
| SUMMONS ISSUED as to Elena Goun and forwarded to email to attorney for service. (Warren, Melissa) |
| NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 10/23/2020 as Document No. 1-5, Exhibit 5 - Proposed Order. The proposed order attached to the motion has been deleted. Per Administrative Procedures any proposed orders are to be emailed to the Courtroom Deputy in Word format. This is a text entry only - no document is attached. (Warren, Melissa) |
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| Petitioner: Vladyslav Dubikovskyy | |
| Represented By: | Christopher J. Schmidt |
| Represented By: | Steven Alagna |
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| Defendant: Elena Goun | |
| Represented By: | Stephen Komie |
| Represented By: | Daniel J. Dodson |
| Represented By: | Stephen M. Komie |
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