Valdez Diaz v. Espinoza Reyna
| Carlos Ernesto Valdez Diaz |
| Consuelo Espinoza Reyna |
| Kara J. Ronnau |
| 8:2014cv00149 |
| May 14, 2014 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Richard G. Kopf |
| Cheryl R. Zwart |
| Other Statutory Actions |
| 28 U.S.C. ยง 1331 Federal Question: Bivens Act |
| None |
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Filing
38
ORDER DISMISSING VERIFIED COMPLAINT, APPROVING SETTLEMENT AND RETAINING JURISDICTION FOR ENFORCEMENT OF THE SETTLEMENT AGREEMENT - Consequently, the Court rules as follows: 1. The Settlement agreement reached by the Parties is approved by the Court; 2. The Verified Complaint is dismissed; 3. The Court Orders the Parties to abide by the Settlement Agreement; 4. The Clerk of Court shall release the Respondent's travel documents to her counsel, Ashley Trankle forthwith; and 5. The Court retains jurisdiction of this matter solely for purposes of enforcing the settlement agreement. SO ORDERED. Ordered by Senior Judge Richard G. Kopf. (TCL )
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Filing
36
SETTLEMENT ORDER INCLUDING RELEASE OF TRAVEL DOCUMENTS. No later than the close of business on Thursday, May 29, 2014, counsel for the Plaintiff and counsel for Defendant shall file the written settlement agreement in the Court file. The document sh all be restricted but not sealed. After it is filed, it is the present intention of the Court to approve the settlement agreement, order the parties to perform the terms, retain jurisdiction to enforce the terms, and enter judgment terminating this c ase accordingly. Notwithstanding the fact that the settlement agreement may not yet have been filed in the court record, the minor child shall accompany his father, the Plaintiff, to Mexico on May 28, 2014. The Defendant shall cooperate in that endea vor. The Court retains jurisdiction over this matter in the interim. The Clerk shall return the travel documents to Plaintiff or his counsel. The Plaintiff or counsel should come to the Clerk's window in Omaha, Nebraska, on Wednesday morning, Ma y 28, 2014, to receive the documents. The hearing scheduled for 9:00 AM, Wednesday, May 28, 2014 is cancelled. Nevertheless, and until further order of the Court, all provisions of the temporary restraining order remain in effect to the extent not inconsistent with this order. Ordered by Senior Judge Richard G. Kopf. (JSF)
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Filing
29
ORDER - It appears that the Respondent, Consuelo Espinoza Reyna, may be indigent and in need of counsel. Raul F. Guerra, a lawyer with the Monzon law firm, 650 J Street, Suite 401, Lincoln, NE 68508-2924, 402-477-8188, is appointed as standby counse l for Consuelo Espinoza Reyna with the likelihood that Mr. Guerra will be appointed as regular counsel at the hearing described below. Mr. Guerra is directed to familiarize himself with the file, theapplicable procedural and substantive law, and to appear at the hearing scheduled for Wednesday, May 28, 2014, commencing at 9:00 a.m., in Courtroom No. 1, Robert V. Denney United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. He shall take no further action at this time. Mr. Guerra shall promptly enter his appearance. The Clerk is directed to make all restricted or sealed documents available to Mr. Guerra. Ordered by Senior Judge Richard G. Kopf. (E-mailed to Chief Judge Smith Camp and Pat Williamson)(JAB)
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Filing
19
ORDER - IT IS ORDERED that: Laura Garcia-Hein shall serve, with Berta Biritos, as the court's interpreter. Other than her salary from the court, Ms. Garcia-Hein will not be paid. The Clerk of Court shall provide a copy of this order to Laura Garcia-Hein and Berta Biritos. Ordered by Senior Judge Richard G. Kopf. (Copies mailed as directed)(TCL )
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Filing
17
ORDER - IT IS ORDERED that: Berta Biritos is appointed as interpreter for the court in this matter. The Federal Practice Fund shall be used to pay for this appointment in the sum not to exceed $1,600.00. Within thirty (30) days of the compl etion of this matter, or at intervals prior thereto, the interpreter shall submit a detailed invoice seeking payment. The Clerk of Court shall provide a copy of this order to Berta Biritos. SO ORDERED. Ordered by Senior Judge Richard G. Kopf. (Copy mailed as directed)(TCL )
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Filing
12
ORDER - IT IS ORDERED: Petitioner's Motion (Filing 9-2) for an Order Restricting Access to Petitioner's Index of Evidence is granted, and access to Petitioner's Index of Evidence (Filing 10 ) is limited to the parties, their attor neys, and the Court. Petitioner's Motion (Filing 9-1) to Withdraw Petitioner's previous Motion to File Documents Under Seal is granted, and Petitioners previous Motion to File Documents Under Seal (Filing 4 ) is denied as moot. Petition er's Motion for Leave to Proceed In Forma Pauperis (Filing 2 ) is granted. The Court is currently considering Petitioner's request for appointment of an interpreter and will issue an order within the near future. SO ORDERED. Ordered by Senior Judge Richard G. Kopf. (TCL )
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