Meraz v. Flora
| Samuel Aldaz Meraz |
| Julie Anne Flora |
| 9:2023cv00093 |
| August 23, 2023 |
| US District Court for the District of Montana |
| Donald W Molloy |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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| Filing 40 NOTICE by Samuel Aldaz Meraz re 39 Order, Joint Notice (Trahan, Leah) |
Filing 39
TEXT ORDER: A member of the Court staff worked with and knows one of the anticipated witnesses, B.K. IT IS ORDERED that if this creates an issue for either party, that party is directed to advise the Court immediately. Signed by Judge Donald W. Molloy on 10/20/2023. (APP)
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| Filing 38 Witness List by Julie Anne Flora. (Cobb, Graham) |
| Filing 37 REPLY to Response to Motion re #24 MOTION for Summary Judgment Reply Brief in Support of Motion for Summary Judgment filed by Samuel Aldaz Meraz. (Trahan, Leah) |
| Filing 36 Exhibit List and Witness List by Samuel Aldaz Meraz.. (Trahan, Leah) |
| Filing 35 NOTICE by Samuel Aldaz Meraz re #18 Order Setting,, Order Referring Case to Magistrate Judge, Notice Regarding Prehearing Brief (Trahan, Leah) |
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Filing 34
ORDER granting #32 Motion to File Under Seal. Exhibit 1, the minor child's healthcare identification cards, along with an unredacted copy of the Declaration of Julie Flora, lodged at Doc. 33, are DEEMED FILED and will remain under seal unless unsealed by further order of the Court. Signed by Judge Donald W. Molloy on 10/17/2023. (NOS)
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| Filing 33 Sealed Document re: #32 Unopposed MOTION for Leave to File Under Seal filed by Julie Anne Flora . (Attachments: #1 Unredacted Exhibit 2) (Cobb, Graham) (Deemed filed under seal per Order, Doc. 34). (NOS) |
| Filing 32 Unopposed MOTION for Leave to File Under Seal . Graham Cobb appearing for Defendant Julie Anne Flora. (Attachments: #1 Text of Proposed Order prop ord) (Cobb, Graham) |
| Filing 31 AFFIDAVIT in Opposition re #24 MOTION for Summary Judgment filed by Julie Anne Flora. (Attachments: #1 Exhibit healthcare identification cards, #2 Exhibit order, #3 Exhibit Intake Form) (Cobb, Graham) |
| Filing 30 RESPONSE to Motion re #24 MOTION for Summary Judgment filed by Julie Anne Flora. (Attachments: #1 Exhibit Messages) (Cobb, Graham) |
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Filing 29
ORDER granting #27 Motion to File Under Seal. The unredacted copy of the Statement of Undisputed Facts in Support of the Motion for Summary Judgment lodged at #28 , the unredacted copy of the Declaration of Samuel Aldaz [28-1], and exhibits 3, 4, and 14 [28-2] are DEEMED FILED and will remain under seal unless unsealed by further order of the Court. Signed by Judge Donald W. Molloy on 10/10/2023. (MPB)
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| Filing 28 Sealed Document: Statement of Undisputed Facts, Exhibits, and Declaration in Support of Summary Judgment re: #27 Unopposed MOTION for Leave to File Under Seal filed by Samuel Aldaz Meraz . (Attachments: #1 Affidavit of Samuel Aldaz, #2 Exhibit to Declaration of Samuel Aldaz) (Trahan, Leah) (Deemed filed under seal as to Order, Doc. 29.) (NOS) |
| Filing 27 Unopposed MOTION for Leave to File Under Seal Exhibits, Statement of Undisputed Facts, and Declaration in Support of Summary Judgment. Leah Trahan appearing for Plaintiff Samuel Aldaz Meraz. (Attachments: #1 Text of Proposed Order) (Trahan, Leah) |
| Filing 26 STATEMENT of Undisputed Facts re #24 MOTION for Summary Judgment, #25 Brief/Memorandum in Support by Samuel Aldaz Meraz. (Attachments: #1 Affidavit of Samuel Aldaz) (Trahan, Leah) (NOS) |
| Filing 25 Brief/Memorandum in Support re #24 MOTION for Summary Judgment filed by Samuel Aldaz Meraz. (Trahan, Leah) (Modified to term motion event, update docket text.) (NOS) |
| Filing 24 MOTION for Summary Judgment . Leah Trahan appearing for Plaintiff Samuel Aldaz Meraz. (Trahan, Leah) |
| Terminate Deadlines. (NOS) |
| Filing 23 NOTICE by Julie Anne Flora (Cobb, Graham) |
| Filing 22 MINUTE ENTRYMinute Entry for proceedings held before Magistrate Judge Kathleen L. DeSoto: Settlement Conference held on 9/29/2023. (Woody, Callie) |
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Filing 21
Order Setting: Settlement Conference set for 9/29/2023 at 10:30 AM in Missoula, MT before Magistrate Judge Kathleen L. DeSoto. Signed by Magistrate Judge Kathleen L. DeSoto on 9/21/2023. (APP)
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| Filing 20 MINUTE ENTRYMinute Entry for proceedings held before Magistrate Judge Kathleen L. DeSoto: Telephonic Scheduling Conference held on 9/21/2023. (Woody, Callie) |
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Filing 19
Order Setting: Telephonic Scheduling Conference set for 9/21/2023 at 11:15 AM in Missoula, MT before Magistrate Judge Kathleen L. DeSoto.. Signed by Magistrate Judge Kathleen L. DeSoto on 9/20/2023. (TXB)
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Filing 18
Order Setting: Evidentiary Hearing set for 11/1/2023 at 09:00 AM in Missoula, MT before Judge Donald W. Molloy. ORDER REFERRING CASE to Magistrate Judge Kathleen L. DeSoto for the purpose of conducting a settlement conference. Signed by Judge Donald W. Molloy on 9/19/2023. (APP)
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| Filing 17 MINUTE ENTRY for proceedings before Judge Donald W. Molloy: Case Management Conference held on 9/19/2023. Counsel Leah Trahan appearing on behalf of the Plaintiff. Counsel Graham Cobb and Dwight Schulte appearing with and on behalf of Defendant. Case plan discussed with parties and the Court. Written order setting deadlines to follow. Hearing commenced at 1:36 p.m. and concluded at 2:09 p.m. (Court Reporter: Melanie Humphrey-Sonntag (reporting via Zoom from District of Wyoming)) (Law Clerk: N. Goldberg-Jaffe) (Hearing held in Missoula) (NOS) |
| Filing 16 NOTICE by Samuel Aldaz Meraz re #15 Order Setting, Notice of Service (Trahan, Leah) |
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Filing 15
ORDER. IT IS ORDERED that an in-person case management conference is set for September 19, 2023, at 1:30 p.m. at the Russell Smith Federal Courthouse in Missoula, Montana. Both parties and/or their respective counsel shall appear at that hearing. Petitioner shall serve a copy of this Order on Respondent no later than September 12, 2023. Signed by Judge Donald W. Molloy on 9/8/2023. (NOS) Melanie L. Humphrey-Sonntag to report hearing via Zoom. (NOS)
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| Filing 14 NOTICE by Samuel Aldaz Meraz re #12 Order, (Trahan, Leah) |
| Filing 13 SUMMONS Returned Executed by Samuel Aldaz Meraz. Julie Anne Flora served on 9/6/2023, answer due 9/27/2023. (Trahan, Leah) |
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Filing 12
ORDER. IT IS ORDERED that Exhibits 5 and 7 are STRICKEN. Petitioner has seven (7) days from the date of this Order to pick up his USB drive from the Clerk's Office. If he fails to do so, it will be destroyed. IT IS FURTHER ORDERED that if Petitioner would like to resubmit these two exhibits consistent with the Local Rules and this Order, he must do so on or before September 12, 2023. Signed by Judge Donald W. Molloy on 9/5/2023. (NOS)
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| Filing 11 Summons Issued as to Julie Anne Flora. Issued summons may be downloaded and printed by counsel for service. (NOS) |
| Filing 10 Submission of Proposed Summons as to Samuel Aldaz Meraz, re #9 Order on Motion for TRO,, Order on Motion for Hearing, #1 Complaint (Trahan, Leah) |
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Filing 9
ORDER. IT IS ORDERED that Petitioner's motion for a temporary restraining order (Doc. #4 ) and motion for an expedited hearing (Doc. #5 ) are DENIED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that Petitioner shall serve Respondent by September 7, 2023, and file an accompanying Proof of Service within four days of effectuating service. Signed by Judge Donald W. Molloy on 8/25/2023. (NOS)
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Filing 8
ORDER granting #2 MOTION for Leave to File Under Seal. The exhibits lodged at Doc. 3 (Exs. 2, 3, and 8) are DEEMED FILED and will remain under seal unless unsealed by further order of the Court. Exhibits 5 and 7, which are to be conventionally filed, shall also be maintained under seal. Signed by Judge Donald W. Molloy on 8/24/2023. (TAG)
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| Filing 7 NOTICE of Filing Exhibits re: #3 Lodged Sealed Document (Cutler, John) (Modified on 9/5/2023; sealed Exhibit 5 and 7 stricken per Order, Doc. 12.) (NOS) |
| Filing 6 Brief/Memorandum in Support re #5 MOTION for Hearing re #4 MOTION for Temporary Restraining Order Expedited Motion for Consolidation of the Merits Hearing on the Petition for Return with the Preliminary Injunction Hearing, #4 MOTION for Temporary Restraining Order filed by Samuel Aldaz Meraz. (Attachments: #1 Text of Proposed Order Proposed Order) (Cutler, John) |
| Filing 5 MOTION for Hearing re #4 MOTION for Temporary Restraining Order Expedited Motion for Consolidation of the Merits Hearing on the Petition for Return with the Preliminary Injunction Hearing. John E Cutler appearing for Plaintiff Samuel Aldaz Meraz. (Cutler, John) |
| Filing 4 MOTION for Temporary Restraining Order . John E Cutler appearing for Plaintiff Samuel Aldaz Meraz. (Cutler, John) |
| Filing 3 Sealed Document re: #2 MOTION for Leave to File Petition Exhibits Under Seal filed by Samuel Aldaz Meraz. (Cutler, John) Modified on 8/24/2023: deemed filed per #8 (TAG). Exhibits 2, 3, 3.1, and 8 attached. (NOS) |
| Filing 2 MOTION for Leave to File Under Seal . John E Cutler appearing for Plaintiff Samuel Aldaz Meraz. (Cutler, John) |
| Filing 1 VERIFIED COMPLAINT AND PETITION FOR RETURN OF CHILD PURSUANT TO THE HAGUE CONVENTION, filed by Samuel Aldaz Meraz. (Attachments: #1 Exhibit, #2 Civil Cover Sheet) (TAG) |
| Filing fee: $ 402, receipt number BMTDC-3117420 (TAG) |
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| Plaintiff: Samuel Aldaz Meraz | |
| Represented By: | John E Cutler |
| Represented By: | Leah Trahan |
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| Defendant: Julie Anne Flora | |
| Represented By: | Graham Cobb |
| Represented By: | Dwight J. Schulte |
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