Tchenguiz v. Bird
| Robert Tchenguiz |
| Heather Bird |
| 9:2021cv00128 |
| October 22, 2021 |
| US District Court for the District of Montana |
| Donald W Molloy |
| Other Statutory Actions |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on March 25, 2022. A more recent docket listing may be available from PACER.
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| Filing 55 NOTICE by Robert Tchenguiz of Service of Petitioner's Interrogatories and Requests for Production (Gillette, Christopher) |
| Filing 54 NOTICE of Appearance by Dina R. Khismatulina on behalf of Heather Bird. (Manely, Michael) (Modified to amend event, docket text.) (NOS) |
| Filing 53 NOTICE of Appearance by Michael Eric Manely on behalf of Heather Bird. (Manely, Michael) (Modified to amend event, docket text.) (NOS) |
| Filing 52 ANSWER to Complaint by Heather Bird. (Manely, Michael) |
| Filing 51 NOTICE of Errata re #31 Trial Brief by Robert Tchenguiz. (Gillette, Christopher) (NOS) |
Filing 50
ORDER granting #49 Motion to Appear Pro Hac Vice for Attorney Michael E. Manely and Attorney Dina R. Khismatulina for Heather Bird. Acknowledgment of PHV Order due within 15 days. IT IS FURTHER ORDERED that the Clerk is directed to no longer accept pro se filings from Ms. Bird herself. Signed by Judge Donald W. Molloy on 12/14/2021. NOTE: Instructions to request Montana CM/ECF registration through PACER are found #here. (NOS)
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| Filing 49 First MOTION Michael E. Manely; Dina R. Khismatulina to Appear Pro Hac Vice (Filing fee $262, receipt number AMTDC-2781195; second filing fee $262, receipt # MTX9-16692.) Michael Eric Manely, I appearing for Respondent Heather Bird (Attachments: #1 Exhibit Affidavit of Michael E. Manely, #2 Exhibit Affidavit of Dina R. Khismatulina) (Manely, Michael) (Modified to add additional receipt #.) (NOS) |
| Filing 48 TRANSCRIPT of Pretrial Conference held on 12/8/2021 before Judge Donald W. Molloy. Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER, the clerks office, or the court reporter. NOTICE: A NOTICE OF INTENT TO REQUEST REDACTION MUST BE FILED WITHIN 7 DAYS OF THIS FILING. Contact court reporter Melanie Humphrey-Sonnta, (630) 452-6236, MelanieSonntagCRR@gmail.com. For further information, please see the Transcript Redaction Procedure and Schedule on the Court Reporters page of our website. Redaction Request due 1/3/2022. Redacted Transcript Deadline set for 1/13/2022. Release of Transcript Restriction set for 3/14/2022. (NOS) |
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Filing 47
TEXT ORDER granting #38 Motion to amend the court-ordered psychological evaluation. Signed by Judge Donald W. Molloy on 12/13/2021. (dle) (Copy to Bird on 12/13/21.) (NOS)
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| Filing 46 NOTICE by Robert Tchenguiz Selection of Petitioner's Mental Evaluator (Attachments: #1 Exhibit CV of Dr. Robert Simon) (Gillette, Christopher) |
| Filing 45 RESPONSE to Motion re #38 MOTION to Amend Court Ordered Psychological Exam filed by Robert Tchenguiz. (Gillette, Christopher) |
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Filing 43
ORDER: In all transcripts filed in this matter, the names and birthdates of minor children shall be redacted. Signed by Judge Donald W. Molloy on 12/10/2021. (dle) (Copy to Bird, and Court Reporters Corson and Humphrey-Sonnta.) (NOS)
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Filing 42
TEXT ORDER: Given the complexity of the case and its expedited nature, IT IS ORDERED that the general requirement for appearance of local counsel, see D. Mont. L.R. 83.1 is WAIVED for Respondent. The Court having received notice that out-of-state counsel has been retained, IT IS FURTHER ORDERED that Dina Khismatulina, a lawyer with The Manely Firm is GRANTED appearance and CM/ECF filing privileges in the case for the limited purpose of filing a motion to appear pro hac vice, addressing all of the matters identified in Local Rule 83.1(d)(3). Accordingly, the Clerk is directed to provide this Order to the Manely Firm. Signed by Judge Donald W. Molloy on 12/10/2021. (dle) (Copy to Bird and Manely Firm.) (NOS)
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Filing 41
TEXT ORDER re #38 MOTION filed by Heather Bird: Petitioner Tchenguiz has until 12/14/2021 at 5:00 p.m. to file a response, if any, to Bird's pending motion to amend the court ordered mental evaluation. Signed by Judge Donald W. Molloy on 12/10/2021. (dle) (Copy to Bird.) (NOS)
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| Filing 40 TRANSCRIPT ORDER FORM by Heather Bird for proceedings held on 12/8/2021 before Judge Donald W. Molloy. Court reporter Melanie Humphrey-Sonnta. Type of transcript: 30-Day. Transcript due by 1/9/2022. (NOS) |
| Filing 39 PASSPORT RECEIPT. Receipt is hereby acknowledged of the U.S. Passport belonging to Heather Bird and the European Union passport belonging to minor child, V.A.B.T. Passports will be held in the clerk of court's evidence safe. (NOS) |
| Filing 38 MOTION to Amend Court Order by Respondent Heather Bird. (NOS) |
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Filing 37
ORDER. Disclosure of mental evaluator due by 12/10/2021. Disclosure of expert reports due by 1/3/2022. Proposed findings of fact/conclusions of law due by 1/5/2022. Final evidentiary hearing set for January 10, 2022, at 9:00 a.m. in Russell Smith Courthouse, Missoula. Any counsel for Bird must enter appearance on CM/ECF no later than 5:00 p.m. on December 9, 2021. (See Order for further details.) Signed by Judge Donald W. Molloy on 12/8/2021. (Copy to Bird.) (NOS)
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| Filing 36 MINUTE ENTRY for proceedings held before Judge Donald W. Molloy: Pretrial Conference held on 12/8/2021 via Zoom. Appearances: Counsel Christopher Gillette on behalf of petitioner Robert Tchenguiz, respondent Heather Bird. Schedule leading up to trial and evaluation discussed. Limited, expedited discovery will be allowed. Ms. Bird to surrender passports to clerk's office for secure holding pending resolution of case. Ms. Bird to file notice of counsel and register for CM/ECF by 12/9/21. Written order forthcoming. Hearing commenced at 8:57 a.m. and concluded at 9:36 a.m. (Court Reporter: Melanie Sonntag (remote via Zoom)) (Law Clerk: T. Nickol) (Hearing held in Missoula) (NOS) (Copy to Bird.) |
| Filing 35 NOTICE of Psych Eval Referral by Heather Bird. (Sealed restriction; accessible by case participants.) (NOS) |
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Filing 34
TEXT ORDER finding as moot #32 Motion to substitute witness: In light of the Order #33 , this motion is denied as moot. Signed by Judge Donald W. Molloy on 12/6/2021. (dle) Modified on 12/6/2021: mailed to Bird (TAG).
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Filing 33
ORDER. The December 8, 2021 evidentiary hearing is VACATED and RESET for January 10, 2022, at 9:00 a.m. The parties shall file updated witness and exhibit lists by January 3, 2022. The parties shall appear remotely for a modified pretrial conference at 9:00 a.m. on December 8, 2021. The Clerk of Court will notify counsel and Bird via email of the meeting ID and password. Bird's motion to redact, (Doc. #26 ) is GRANTED. Bird's motion for corrections, (Doc. #27 ) is GRANTED insofar as the Court notes the accuracy of the children's birthdays. Bird and the minor child shall surrender any and all passports to the Court no later than December 10, 2021, for the duration of these proceedings. Tchenguiz must produce a list of all travel he has undertaken since the date of the filing of this petition and all scheduled travel through March 1, 2022. (See Order for further details.) Signed by Judge Donald W. Molloy on 12/6/2021. (Copy emailed and mailed to Bird.) (NOS) Court Reporter Melanie Humphrey-Sonntag to report 12/8/2021 hearing remotely. (Zoom information emailed on 12/7/21 to parties and court reporter.) (NOS)
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| Filing 32 First MOTION Allow Substitute Witness on English Law Christopher J. Gillette appearing for Petitioner Robert Tchenguiz (Attachments: #1 Affidavit Affidavit of Caroline Holley, #2 Exhibit Proposed Order Allowing Substitute Witness) (Gillette, Christopher) |
| Filing 31 TRIAL BRIEF Petitioner's Prehearing Brief by Robert Tchenguiz. (Attachments: #1 Supplement Certificate of Service) (Gillette, Christopher) |
| Filing 30 Brief/Response to Order re #11 Order Setting filed by Heather Bird. (Attachments: #1 Exhibit A) (NOS) |
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Filing 29
ORDER granting Tchenguiz's #22 First MOTION to Clarify Order Allowing Remote Appearance to the extent that the two additional lay witnesses identified for rebuttal will be permitted to testify remotely at the December 8, 2021 hearing. IT IS FURTHER ORDERED that the time of the December 8, 2021 hearing is RESET to 8:00 a.m. at the Russell Smith Courthouse in Missoula, Montana. Signed by Judge Donald W. Molloy on 12/2/2021. (Copy mailed to Bird.) (NOS)
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| Filing 28 CERTIFICATE OF SERVICE by Heather Bird re #26 MOTION to Redact, #27 MOTION to Amend/Correct, #24 Response to Motion, #25 Notice of Filing Exhibit and Witness Lists. (NOS) |
| Filing 27 MOTION to Amend/Correct #1 Complaint, #18 Amended Document by Respondent Heather Bird. (Main document sealed due to personal identifiers; access provided to case participants.) (NOS) (Attachment: #1 Redacted document) (NOS) |
| Filing 26 MOTION to Redact all pleadings and court records by Respondent Heather Bird. (NOS) |
| Filing 25 NOTICE of Filing Exhibit and Witness Lists by Heather Bird re #11 Order setting Evidentiary Hearing. (NOS) |
| Filing 24 RESPONSE to Motion re #14 First MOTION Leave for Witnesses to Appear via Video Conference filed by Heather Bird. (Attachments: #1 Exhibit A) (NOS) |
| Filing 23 NOTICE by Robert Tchenguiz Intended Expert Witnesses Pursuant to Federal Rule (Attachments: #1 Affidavit Report of Caroline Holley, #2 Exhibit Caroline Holley Biography, #3 Exhibit Children Act 1989) (Gillette, Christopher) |
| Filing 22 First MOTION to Clarify Order Allowing Remote Appearance Christopher J. Gillette appearing for Petitioner Robert Tchenguiz (Attachments: #1 Exhibit Proposed Order Clarifying Order Allowing Remote Appearance) (Gillette, Christopher) |
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Filing 21
TEXT ORDER denying #19 Motion: Petitioner's motion for a Court-ordered interview of the minor child, #19 , is DENIED. Petitioner resisted Respondent's previous motion for a Court-ordered psychological evaluation. What is good for one is good for the other. Signed by Judge Donald W. Molloy on 11/30/2021. (dle) (Modified on 12/1/2021; mailed to Bird.) (NOS)
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Filing 20
ORDER granting #14 Motion for leave for witnesses to appear remotely. Tchenguiz and Caroline Holley may appear remotely at the 12/8/2021 hearing. The Clerk of Court will notify counsel via e-mail of the meeting ID and password within 24 hours of the hearing. Signed by Judge Donald W. Molloy on 11/30/2021. (dle) (Modified on 12/1/2021; mailed to Bird.) (NOS)
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| Filing 19 First MOTION Allowing Interview of Child Robert Tchenquiz v. Heather Bird Christopher J. Gillette appearing for Petitioner Robert Tchenguiz (Attachments: #1 Text of Proposed Order Proposed Order) (Gillette, Christopher) |
| Filing 18 AMENDED DOCUMENT by Robert Tchenguiz. Amendment to #1 Complaint Petition for Return of Child to England. (Gillette, Christopher) |
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Filing 17
ORDER denying #12 Motion to Continue; and denying #13 Motion for Order/Judgment. Signed by Judge Donald W. Molloy on 11/29/2021. (dle) Modified on 11/29/2021: mailed to Bird (TAG).
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| Filing 16 RESPONSE to Motion re #13 MOTION for Order/Judgment Independent Psychological Exam filed by Robert Tchenguiz. (Gillette, Christopher) |
| Filing 15 RESPONSE to Motion re #12 MOTION to Continue Evidentiary Hearing and for Extension of Time filed by Robert Tchenguiz. (Gillette, Christopher) |
| Filing 14 First MOTION Leave for Witnesses to Appear via Video Conference Christopher J. Gillette appearing for Petitioner Robert Tchenguiz (Attachments: #1 Affidavit Memo in Support of Petitioner's Motion for Leave for Witnesses to Appear via Video Conference) (Gillette, Christopher) |
| Filing 13 Motion for Court Ordered Independent Psychological Exam by Respondent Heather Bird (TAG) |
| Filing 12 MOTION to Continue #11 Evidentiary Hearing and for Extension of Time by Respondent Heather Bird (TAG) |
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Filing 11
Order Setting: Evidentiary Hearing set for 12/8/2021 at 9:00 AM in the Russell Smith Courthouse, Missoula, MT before Judge Donald W. Molloy. The parties' pretrial briefs are due by 12/3/2021. See Order for further instructions/information re: the 12/8/2021 hearing. Signed by Judge Donald W. Molloy on 11/12/2021. (Attachments: #1 Appendix) (dle) Modified on 11/12/2021: mailed to Bird (TAG).
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| Filing 10 TRANSCRIPT of Hearing held on 11-9-2021 before Judge Donald W. Molloy. Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER, the clerk's office, or the court reporter. NOTICE: A NOTICE OF INTENT TO REQUEST REDACTION MUST BE FILED WITHIN 7 DAYS OF THIS FILING. Contact court reporter JoAnn Jett Corson, 406-698-9965, joannjettcorson@gmail.com. For further information, please see the Transcript Redaction Procedure and Schedule on the Court Reporters page of our website.. Redaction Request due 12/1/2021. Redacted Transcript Deadline set for 12/13/2021. Release of Transcript Restriction set for 2/8/2022. (JJC) |
| Filing 9 TRANSCRIPT ORDER FORM by Heather Bird for proceedings held on 11/9/2021 before Judge Donald W. Molloy. Court reporter JoAnn Jett Corson. Type of transcript: 30-Day. (NOS) |
| Filing 8 NOTICE of PRO SE FILING INFORMATION. (Copy mailed to Bird w/ docket.) (NOS) |
| Filing 7 MINUTE ENTRY for proceedings held before Judge Donald W. Molloy: Initial Show Cause and Scheduling Hearing held on 11/9/2021. Counsel Christopher Gillette appearing on behalf of Petitioner Robert Tchenguiz. Respondent Heather Bird present. Ms. Bird discusses attempts to obtain counsel. Parties heard, answer questions as asked by the Court. The Court emphasizes the application of the Hague Convention treaty and that custody determinations will not be addressed. Court to set expedited schedule by written order. Hearing commenced at 1:29 p.m. and concluded at 1:53 p.m. (Court Reporter: JoAnn Corson) (Law Clerk: T. Nickol) (Hearing held in Missoula) (NOS) |
| Filing 6 USM 285 Returned Executed on 10/29/2021. (Documents personally served as to Order, Doc. 5). (NOS) |
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Filing 5
ORDER. Bird and her counsel, if any, shall appear on November 9, 2021, at 1:30 p.m. at the Russell Smith Courthouse in Missoula, Montana. The initial appearance shall be considered an initial show cause and scheduling hearing so that a date may be set for an expedited evidentiary hearing on the merits of the Verified Petition. Signed by Judge Donald W. Molloy on 10/28/2021. (Documents provided to USM for service as stated in Order.) (NOS)
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| Filing 4 Submission of Proposed Order re #1 Verified Petition and Request for Immediate Issuance of Show Cause Order. Christopher J. Gillette appearing for Petitioner Robert Tchenguiz. (Gillette, Christopher) (Docket text modified; motion event terminated.) (NOS) |
| Filing 3 MOTION to Expedite by Petitioner Robert Tchenguiz (TAG) |
| Filing 2 Brief/Memorandum in Support re #1 Petition filed by Robert Tchenguiz. (TAG) |
| Filing 1 VERIFIED PETITION FOR RETURN OF CHILD TO ENGLAND AND REQUEST FOR IMMEDIATE ISSUANCE OF SHOW CAUSE ORDER, filed by Robert Tchenguiz. (Attachments: #1 Exhibits, #2 Civil Cover Sheet) (TAG) |
| Filing fee: $ 402, receipt number AMTDC-2754978 (TAG) |
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| Petitioner: Robert Tchenguiz | |
| Represented By: | Christopher J. Gillette |
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| Respondent: Heather Bird | |
| Represented By: | Michael Eric Manely, I |
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