Flores Castro v. Hernandez Renteria
| Carmen Flores Castro |
| Bertha Hernandez Renteria |
| 2:2018cv01739 |
| September 7, 2018 |
| US District Court for the District of Nevada |
| Carl W Hoffman |
| Gloria M Navarro |
| Other Statutory Actions |
| 42 U.S.C. § 11601 |
| None |
Docket Report
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This docket was last retrieved on April 20, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 38 WITNESS LIST and Exhibit List by Respondent Bertha Hernandez Renteria.. (Gordon, Richard) |
| Filing 37 MINUTES OF PROCEEDINGS - Status Conference held on 11/5/2018 before Magistrate Judge Carl W. Hoffman. Crtrm Administrator: Donna Smith; Pla Counsel: Vincent Mayo; Def Counsel: Richard Gordon; Time of Hearing: 9:00 a.m.; Recording start and end times: 9:07-9:41; Courtroom: 3C; Respondent Bertha Hearnandez Renteria, assisted by previously sworn Spanish interpreter Michelle Roth, is also present. The court and counsel confer regarding the logistics of the upcoming November 9, 2018, evidentiary hearing. The deadline to exchange pre-hearing briefs is extended to Close of Business on Tuesday, November 6, 2018. The parties must also submit those briefs to the court by Close of Business on November 6, 2018. The evidentiary hearing will convene in Courtroom 6C on Friday, November 9, 2018. The parties and interpreters are instructed to report to Courtroom 6C at 8:30 a.m. on November 9, 2018. (no image attached) (Copies have been distributed pursuant to the NEF - DES) |
| Filing 36 CERTIFICATE of Interested Parties by Bertha Hernandez Renteria that identifies all parties that have an interest in the outcome of this case. Other Affiliate Z.F.M.Z. for Bertha Hernandez Renteria added. (Gordon, Richard) |
Filing 35
REPORT AND RECOMMENDATION that #14 Petitioner's Motion for Sanctions be GRANTED IN PART, only as to the request to vacate the Family Division of the Eighth Judicial District Court, Clark County, Nevada guardianship order.FURTHER RECOMMENDED that the court VACATE the Family Division of the Eighth Judicial District Court, Clark County, Nevada's guardianship order of Z.M.F.Z. and that any further custody proceedings be STAYED pending the resolution of this case.FURTHER RECOMMENDED that a copy of the final order to vacate be mailed to the Clerk of Court for the Family Division of the Eighth Judicial District Court, Clark County, Nevada:Family Court and Services Center, 601 North Pecos Rd., 1st Floor, Las Vegas, Nevada 89101 Objections to R&R due by 11/16/2018. Signed by Magistrate Judge Carl W. Hoffman on 11/2/2018. (Copies have been distributed pursuant to the NEF - MMM)
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| Filing 34 AMENDED MINUTES OF PROCEEDINGS - Motion Hearing held on 10/31/2018 before Magistrate Judge Carl W. Hoffman. Crtrm Administrator: Donna Smith; Pla Counsel: Vincent Mayo; Def Counsel: Richard Gordon, Adam Tully, Evan Hall, Michael Stein; Time of Hearing: 1:00 p.m.; Recording start and end times: 1:10-1:58 p.m.; Courtroom: 3B; Respondent is present, assisted by previously sworn Spanish interpreter Michelle Roth. The court makes preliminary remarks and hears the representations of counsel. Petitioner's motion for contempt #26 is taken under advisement. Respondent's emergency motion for appointment of guardian ad litem #28 is denied. The visitation schedule #13 remains in effect as previously ordered. Counsel for both sides represent that they will be present to facilitate the exchange regarding petitioner's visitation with the minor child. The evidentiary hearing set Friday, November 9, 2018, at 9:00 a.m. will be held in Courtroom 6C. The hearing set Monday, November 5, 2018, at 9:00 a.m. will be held in Courtroom 3C. It is ordered that the minor child must not be removed from the state of Nevada during the pendency of this action. (Copies have been distributed pursuant to the NEF - DES) Modified on 11/1/2018 - to reflect petitioner's visitation (not respondent's)(DES). |
| Filing 33 ANSWER to #1 Complaint,, and Petition for Return of the Minor Child filed by Bertha Hernandez Renteria. Discovery Plan/Scheduling Order due by 12/15/2018.(Gordon, Richard) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
| Filing 32 NOTICE of Association of Counsel by Richard Gordon on behalf of Respondent Bertha Hernandez Renteria. (Gordon, Richard) |
| Filing 31 EXHIBIT Supplemental Exhibit to #29 Response by Respondent Bertha Hernandez Renteria. (Attachments: #1 Exhibit 1) (Tully, Adam) |
| Filing 30 EXHIBIT Supplemental Exhibits to #26 Motion for Sanctions by Petitioner Carmen Flores Castro. (Mayo, Vincent) |
| Filing 29 RESPONSE to #26 Motion for Sanctions by Respondent Bertha Hernandez Renteria. Replies due by 11/6/2018. (Attachments: #1 Exhibit A, #2 Exhibit B) (Gordon, Richard) |
| Filing 28 Emergency MOTION Appointment of Guardian Ad Litem by Respondent Bertha Hernandez Renteria. Responses due by 11/13/2018. (Attachments: #1 Exhibit 1) (Gordon, Richard) |
| Filing 27 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Carl W. Hoffman on 10/29/2018. A hearing on petitioner's motion for sanctions #26 is set for October 31, 2018, at 1:00 p.m. in Las Vegas Courtroom 3B before Magistrate Judge Carl W. Hoffman. IT IS FURTHER ORDERED that respondent's response to the motion for sanctions #26 is due October 30, 2018. (no image attached) (Copies have been distributed pursuant to the NEF - GO) |
| Filing 26 MOTION for Sanctions by Petitioner Carmen Flores Castro. Responses due by 11/8/2018. (Mayo, Vincent) |
| Filing 25 MINUTES OF PROCEEDINGS - Motion Hearing held on 10/19/2018 before Magistrate Judge Carl W. Hoffman. Crtrm Administrator: Donna Smith; Pla Counsel: Vincent Mayo; Def Counsel: Richard Gordon, Adam Tully, Evan Hall; Time of Hearing: 9:00 a.m.; Recording start and end times: 9:11-10:42; Courtroom: 3C;Previously sworn Spanish interpreters Maria Peralta de Gomez and Michelle Roth are present to translate for petitioner and respondent. Also present in the courtroom are Elias Michel, Jose Rufo Corona, and the minor child. The court outlines the history and status of the case. Based upon respondent's representation that she was indigent, the court referred the issue of appointment of counsel for respondent to the federal pro bono panel. The court did not conduct a financial screening. If respondent's counsel seeks reimbursement of costs associated with the case, respondent must execute a financial affidavit and provide the affidavit to the court for review. Representations of counsel are heard regarding respondent's emergency motion to continue hearing (ECF No. #23 ). The motion is granted. The court and counsel confer regarding dates. The evidentiary hearing is reset for November 9, 2018, at 09:00 AM in a LV Courtroom TBD before Magistrate Judge Carl W. Hoffman. A status conference is set for November 5, 2018, at 09:00 AM in LV Courtroom 3C before Magistrate Judge Carl W. Hoffman. The parties shall meet and confer regarding the issues, witnesses and evidence to be presented. Respondent's pretrial brief is due November 5, 2018. The brief must include a list of witnesses who will testify at the evidentiary hearing, including a statement of the general subject of their testimony. The list also must include the witnesses' addresses and telephone numbers and must state whether the witnesses require interpreters. The brief also must state whether the witnesses will testify in person or via video conferencing or telephone. The parties must provide the video conferencing connection information or telephone numbers that the court will require to contact those witnesses. Additionally, the brief should set forth the issues of fact before the court and the relevance of any evidence in the record, as well as the relevance of the evidence that the parties intend to introduce at the evidentiary hearing. If Petitioner seeks to supplement her pre-hearing brief (ECF No. #18 ) in light of the parties' meet-and-confer conference, she must do so by November 5, 2018. The parties must provide their own interpreters for the status hearing and the evidentiary hearing. The court will provide interpreters for witnesses. The previously submitted evidentiary hearing exhibits are returned to counsel. The court calls Mr. Elias Michel, assisted by Spanish interpreter Cristina Sanchez, and states its expectation regarding courtroom decorum. Respondent moves for visitation with the minor child today. Court recesses from 9:52 a.m. - 10:30 a.m., so that the parties may meet and confer.Court reconvenes at 10:30 a.m. and hears the representations of the parties. The visitation schedule (ECF No. #13 ) remains as previously ordered. The minor child's passport, previously ordered surrendered to the court, must be surrendered to Richard Gordon, Esq., and must be held in his law firm's custody during the pendency of this action. It is ordered that neither respondent, petitioner, nor any other party may remove the minor child from Nevada during the pendency of this action. (Copies have been distributed pursuant to the NEF - DES) |
| Filing 24 RESPONSE to #23 Motion to Continue Hearing by Petitioner Carmen Flores Castro. Replies due by 10/25/2018. (Mayo, Vincent) |
| Filing 23 Emergency MOTION to Continue Hearing by Respondent Bertha Hernandez Renteria. (Tully, Adam) |
| Filing 22 NOTICE of Appearance by attorney Richard Gordon on behalf of Respondent Bertha Hernandez Renteria. (Gordon, Richard) |
| Filing 21 NOTICE of Appearance by attorney Evan G. Hall on behalf of Respondent Bertha Hernandez Renteria. (Hall, Evan) |
| Filing 20 NOTICE of Appearance by attorney Adam Q. Tully on behalf of Respondent Bertha Hernandez Renteria. (Tully, Adam) |
| Filing 19 MINUTES OF PROCEEDINGS - Status Hearing held on 10/16/2018 before Magistrate Judge Carl W. Hoffman. Crtrm Administrator: Donna Smith; Pla Counsel: Vincent Mayo; Def Counsel: pro se: Bertha Hearnandez Renteria; Time of Hearing: 1:30 p.m.; Recording start and end times: 1:40-2:35; Courtroom: 3C; Previously sworn Spanish interpreter Michelle Roth is also present to translate for Respondent Bertha Hernandez Renteria. The court and parties confer regarding the logistics of the evidentiary hearing set Friday, October 19, 2018. Court will convene at 9:00 a.m. on Friday, October 19, 2018, in Courtroom 3C. The parties submit their proposed exhibits. The court hears the representations of Mr. Mayo and Ms. Hernandez Renteria regarding petitioner's motion for sanctions (ECF No. #14 ). The motion is taken under advisement. The court advises respondent that she must comply with this court's prior order regarding visitation (ECF No. #13 ). The next visitation is scheduled for Saturday, October 20, 2018, 9:00 a.m. through Sunday, October 21, 2018, 5:00 p.m.It is ordered that respondent must surrender the minor child's travel documents to the court at the evidentiary hearing set Friday, October 19, 2018, at 9:00 a.m. It is further ordered that the minor child must remain in the State of Nevada during the pendency of this action. (no image attached) (Copies have been distributed pursuant to the NEF - copy will be mailed to respondent - DES) |
| Filing 18 TRIAL BRIEF by Petitioner Carmen Flores Castro. (Mayo, Vincent) |
| Filing 16 CERTIFICATE OF SERVICE for #14 Motion for Sanctions by Petitioner Carmen Flores Castro. (Mayo, Vincent) |
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Filing 15
ORDER that Petitioner's #14 Motion to Hold Respondent in Contempt of Court is set for 10/16/2018 at 01:30 PM in LV Courtroom 3C before Magistrate Judge Carl W. Hoffman. Petitioner must serve the #14 Motion on Respondent and file proof of service before the hearing. Signed by Magistrate Judge Carl W. Hoffman on 10/11/2018. (Copies have been distributed pursuant to the NEF - SLD)
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| Filing 14 MOTION for Sanctions by Petitioner Carmen Flores Castro. Responses due by 10/25/2018. (Mayo, Vincent) |
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Filing 13
SCHEDULING ORDER and Visitation Order. Discovery due by 10/11/2018. A case-status hearing is set for 10/16/2018 at 1:30 p.m. in Courtroom 3C. The parties must file with the Clerk of Court pre-hearing briefs by 10/16/2018. An evidentiary hearing is set for 10/19/2018 at 9:00 a.m. in a courtroom to be determined. Signed by Magistrate Judge Carl W. Hoffman on 9/28/2018. (Copies have been distributed pursuant to the NEF - SLD)
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| Filing 12 MINUTES OF PROCEEDINGS - Status Conference held on 9/26/2018 before Magistrate Judge Carl W. Hoffman. Crtrm Administrator: Donna Smith; Pet Counsel: Vincent Mayo; Res Counsel: Bertha Hernandez Renteria (pro se); Time of Hearing: 9:10 a.m.; Recording start and end times: 9:10 a.m. - 10:39 a.m.; Courtroom: 3C; Spanish interpreters Marlene Monteolivio-Brewer and Michelle Roth, previously sworn, are also present. The court outlines the procedures regarding Hague cases, including the need to determine jurisdiction and the need for expedited handling. The representations of Respondent Bertha Hernandez Renteria and Vincent Mayo, Esq., on behalf of Petitioner Carmen Flores Castro are heard. The parties must exchange documents/discovery translated into the English language by October 11, 2018. An evidentiary hearing is set October 19, 2018, at 9:00 a.m. in LV Courtroom 3C before Magistrate Judge C.W. Hoffman, Jr. The parties shall file simultaneous briefs by October 16, 2018. A status hearing is set October 16, 2018, at 1:30 p.m. in LV Courtroom 3C before Magistrate Judge C.W. Hoffman, Jr. At that hearing the parties shall provide the names of the witnesses to be called, their location, their telephone numbers, whether they require an interpreter, and whether they are available to appear in-person or via video-conferencing. The parties shall also be prepared to discuss the evidence and documents to be presented at the evidentiary hearing.Mr. Mayo moves to allow petitioner visitation with the minor child. Representations of the parties are heard. The court grants petitioner visitation with the minor child every weekend until this case is resolved. Visitation will start on Saturdays at 9:00 a.m. and will conclude on Sundays at 5:00 p.m. If the minor child wishes to spend Saturday evenings with respondent, she may contact respondent and petitioner will arrange for the minor child's transportation to respondent. The minor child will then be returned to petitioner on Sunday morning at 9:00 a.m. and shall spend Sunday with petitioner until 5 p.m.It is ordered that neither respondent, petitioner, nor any other party may remove the minor child from Nevada during the pendency of this action. A separate written order setting forth additional details shall also issue. (no image attached) (Copies have been distributed pursuant to the NEF - copy of these minutes will be mailed to respondent - DES) |
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Filing 11
EMERGENCY ORDER. This case is referred to the Pro Bono Program for appointment of counsel. Signed by Magistrate Judge Carl W. Hoffman on 9/26/2018. (Copies have been distributed pursuant to the NEF - cc: Pro Bono Liaison - SLD)
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| Filing 10 DECLARATION re #6 Order, by Petitioner Carmen Flores Castro. (Mayo, Vincent) |
| Filing 9 DECLARATION of Attempted Service re #6 Order, by Petitioner Carmen Flores Castro. (Mayo, Vincent) |
| Filing 8 SUMMONS Returned Unexecuted as to Bertha Hernandez Renteria DECLARATION of Attempted Service re #4 Order on Motion,,,,, #3 Motion, #2 Summons Issued, #1 Complaint,, by Petitioner Carmen Flores Castro. (Mayo, Vincent) Filed incorrectly by counsel. Modified by the Clerk's Office on 9/28/2018 (EDS). |
| Filing 7 MINUTES OF PROCEEDINGS - Preliminary Injunction Hearing held on 9/21/2018 before Chief Judge Gloria M. Navarro. Crtrm Administrator: Aaron Blazevich; Pla Counsel: Vincent Mayo; Pla Interpreter: Maria Peralta de Gomez (Spanish); Def Counsel: Bertha Hernandez Renteria, Pro Se; Def Interpreter: Michelle Roth (Spanish); Time of Hearing: 9:11 a.m. - 9:38 a.m.; Electronic Court Recorder Operator: Araceli Bareng; Courtroom: 7D; Both interpreters are sworn. The Court makes preliminary statements and hears representations from counsel. The Court hears representations from the Respondent as to the welfare of the child. The Court will not order visitation for the Petitioner at this time. Defendant is ORDERED to not remove the child from the state of Nevada without prior permission of the Court. The Court REFERS this case to Magistrate Judge Hoffman for a case scheduling conference or an evidentiary hearing, as appropriate. The Court sets a Case-Management Conference set for 9/26/2018 at 9:00 AM in LV Courtroom 3C before Magistrate Judge Carl W. Hoffman. Respondent is advised to keep in touch with the court and to update any change of address or contact information. The Court adjourns. (no image attached) (Copies have been distributed pursuant to the NEF - ASB) |
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Filing 6
ORDER that a case-management conference is set for 9/26/2018 at 09:00 AM in LV Courtroom 3C before Magistrate Judge Carl W. Hoffman. Respondent Bertha Hernandez Renteria must attend the case-management conference in person. Petitioner must serve a copy of this order on respondent and file proof of that service by 5:00 p.m. on 9/24/2018. Signed by Magistrate Judge Carl W. Hoffman on 9/21/2018. (Copies have been distributed pursuant to the NEF - copy mailed to Respondent - SLD)
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| Filing 5 DECLARATION of Service re #4 Order on Motion,,,,, #3 Motion, #2 Summons Issued, #1 Complaint,, by Petitioner Carmen Flores Castro. (Mayo, Vincent) |
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Filing 4
ORDER. IT IS HEREBY ORDERED that Respondent shall not remove the child from the jurisdiction of this Court pending the Preliminary Injunction Hearing. IT IS FURTHER ORDERED that the Preliminary Injunction Hearing shall take place at 9:00 a.m. on Friday, 9/21/2018, in Las Vegas Courtroom 7D. IT IS FURTHER ORDERED that #1 Petitioner's request for Temporary Restraining Order is GRANTED. IT IS FURTHER ORDERED that #3 Petitioner's Emergency Petition for Warrant in Lieu of a Writ of Habeas Corpus is DENIED. Signed by Chief Judge Gloria M. Navarro on 9/15/2018. (Copies have been distributed pursuant to the NEF - MR)
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| Filing 3 Emergency Petition for Warrant in Lieu of Writ of Habeas Corpus by Petitioner Carmen Flores Castro. Responses due by 9/27/2018. (Mayo, Vincent) |
| Filing 2 Summons Issued as to Bertha Hernandez Renteria re #1 Complaint. (SLD) |
| Case assigned to Chief Judge Gloria M. Navarro and Magistrate Judge Carl W. Hoffman. (SLD) |
| Filing 1 COMPLAINT against Carmen Flores Castro (Filing fee $400 receipt number 0978-5232648) by Carmen Flores Castro. Proof of service due by 12/6/2018. (Attachments: #1 Exhibit Exhibits to Verified Complaint and Petition, #2 Civil Cover Sheet Civil Cover Sheet, #3 Summons Summons, #4 Declaration Certificate of Interested Parties)(Mayo, Vincent) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
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| Petitioner: Carmen Flores Castro | |
| Represented By: | Vincent Mayo |
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| Respondent: Bertha Hernandez Renteria | |
| Represented By: | Evan G. Hall |
| Represented By: | Adam Q. Tully |
| Represented By: | Richard Gordon |
| Represented By: | Michael David Stein |
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