FERRERAS HERASME v. HERASME
| MAIRENI ANTONIA FERRERAS HERASME |
| MICHAEL GERALDO HERASME |
| 2:2023cv23280 |
| December 21, 2023 |
| US District Court for the District of New Jersey |
| Andre M Espinosa |
| Julien Xavier Neals |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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This docket was last retrieved on February 8, 2024. A more recent docket listing may be available from PACER.
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Filing 20
Order Appointing Pro Bono Counsel. Appointing Attorney MARGARET KORGUL, ESQ.. Signed by Judge Julien Xavier Neals on 2/8/2024. (mxw, )
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Filing 19
TEXT ORDER - Rescheduling the Show Cause Hearing from 2/9/2024 to 3/7/2024 at 10:00 AM in Newark - Courtroom 5D before Judge Julien Xavier Neals.So Ordered by Judge Julien Xavier Neals on 2/8/2024. (kd)
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| Filing 18 Letter from Margaret Korgul. (KORGUL, MARGARET) |
| Filing 17 Letter from PHILIP PETRULLO. (mxw, ) |
| Filing 16 Letter from Margaret Korgul. (KORGUL, MARGARET) |
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Filing 15
LETTER ORDER - The Hearing on Petitioner's Verified Petition is set for 2/9/2024 at 9:00 am in Newark - Courtroom 5D before Judge Julien Xavier Neals. A letter providing an anticipated order of witnesses, and who will need an interpreter, along with how witnesses and the petitioner will be participating, is required by 2/5/2024.Signed by Judge Julien Xavier Neals on 2/3/2024. (kd)
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| Filing 14 Transcript of Show Cause Hearing held on January 4, 2024, before Judge Julien Xavier Neals. Court Reporter: Melissa Mormile (973-776-7710). NOTICE REGARDING (1) REDACTION OF PERSONAL IDENTIFIERS IN TRANSCRIPTS AND (2) MOTION TO REDACT AND SEAL: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript to comply with Fed.R.Civ.P.5.2(a) (personal identifiers). Parties seeking to redact and seal this Transcript, or portions thereof, pursuant to L.Civ.R. 5.3(g) must e-file a Motion to Redact and Seal utilizing the event `Redact and Seal Transcript/Digital Recording`. Redaction Request to Court Reporter due, but not filed, by 2/8/2024. Redacted Transcript Deadline set for 2/20/2024. Release of Transcript Restriction set for 4/17/2024. (adc) |
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Filing 13
ORDER granting #12 Motion for Leave for Philip Petrullo, Esq. to Appear Pro Hac Vice. Signed by Judge Julien Xavier Neals on 1/9/2024. (mxw, )
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| Filing 12 MOTION for Leave to Appear Pro Hac Vice by MICHAEL GERALDO HERASME. (Attachments: #1 Statement, #2 Certificate of Service, #3 Declaration, #4 Certification, #5 Text of Proposed Order, #6 Exhibit)(mxw, ) |
| Set Deadlines as to #12 MOTION for Leave to Appear Pro Hac Vice. Motion set for 2/5/2024 before Judge Julien Xavier Neals. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mxw, ) |
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Filing 11
ORDER that the Court reserves a decision on the pending order to show cause (ECF no. 5). Expedited Hearing on the Verified Petition set for 2/9/2024 at 10:00 AM before Judge Julien Xavier Neals. at the Martin Luther King Building & U.S. Courthouse, 50 Walnut Street, Courtroom 5D, Newark, New Jersey, 17102; that at the hearing, the Court shall hear testimony from the parties and their witnesses, if any; and will arrange for the appearance of a certified Spanish translator; that on Petitioner's consent (ECF No. 9 at 1) and Philip Petrullo, Esq.'s, representations at the January 4, 2024, hearing, Mr. Petrullo's application for admission pro hac vice on behalf of Respondent is granted (ECF No. 10); that Mr. Petrullo shall file his pro hac vice application pursuant to the Local Civil Rules by January 8, 2024; that the Court grants the parties request for limited discovery in accordance with the Federal Rules of Civil Procedure based on the following schedule: Each party may propound discovery requests by Monday, January 8, 2024; Each party shall respond to the discovery requests by Friday, January 19, 2024. Signed by Judge Julien Xavier Neals on 1/5/2024. (ld, )
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| Filing 10 Minute Entry for proceedings held before Judge Julien Xavier Neals: Show Cause Hearing held on 1/4/2024. (Court Reporter, Melissa Mormile (973-776-7710)) (kd) |
| Filing 9 Letter with attachments from Defense Counsel. (Attachments: #1 Attachments)(mxw, ) |
| CLERK'S QUALITY CONTROL MESSAGE - Please be advised that Defense Counsel's #9 LETTER, attachment 1, has been placed under temporary seal by the Clerk's Office due to personal identifying information of a minor child. (mxw, ) |
| Filing 8 Certification of Korgul on behalf of MAIRENI ANTONIA FERRERAS HERASME. (KORGUL, MARGARET) |
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Filing 7
TEXT ORDER - The Court is in receipt of Petitioners counsels December 28, 2023, letter (ECF No. #6 ) requesting that the Court reschedule the January 4, 2024, hearing for a later time on the same date. The request is GRANTED. The parties shall appear on January 4, 2024, at 3:30 p.m. Petitioners counsel is directed to inform Respondent of this schedule change. So Ordered by Judge Julien Xavier Neals on 12/29/2023. (kd)
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| Filing 6 Letter from Margaret Korgul. (KORGUL, MARGARET) |
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Filing 5
ORDER TO SHOW CAUSE; Show Cause Hearing set for 1/4/2023 at 11:00 AM in Newark - Courtroom 5D before Judge Julien Xavier Neals. Signed by Judge Julien Xavier Neals on 12/28/2023. (mxw, )
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| Filing 4 Certification on behalf of MAIRENI ANTONIA FERRERAS HERASME. (KORGUL, MARGARET) |
| Filing 3 Minute Entry for proceedings held before Judge Julien Xavier Neals: Order to Show Cause/Temporary Restraining Order Hearing held on 12/27/2023. (Court Reporter, Melissa Mormile (973-776-7710)) (kd) |
| Notice of Judicial Preferences. #Click here for the Judge's Individual Procedure Requirements. (kd) |
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Filing 2
TEXT ORDER - The Court has considered Petitioners Verified Petition for Return of Child and Petition for Immediate Issuance of Show Cause Order. (ECF No. #1 ). The Petition for Immediate Issuance of Show Cause Order is DENIED as emergent relief is not warranted based on the present record. Petitioner failed to show that the alleged injury is immediate and irreparable under Fed. R. Civ. P. 65, such that the Court should grant the relief sought on an emergent basis instead of in the normal course. L.Civ. P. 65.1(a). Additionally, Petitioner has not provided sufficient information about the state proceeding under docket number FD-16-0574-24 for the court to determine what issues have been presented and whether it has or should exercise jurisdiction. The parties will appear on Wednesday, December 27, 2023, at 11:00 a.m. in Newark - Courtroom 5D before District Judge X. Neals to present their positions as to the Verified Petition for Return of Child. Petitioner shall provide notice to Respondent of this hearing upon receipt of this Order. So Ordered by Judge Julien Xavier Neals on 12/22/2023. (kd)
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| Judge Julien Xavier Neals and Magistrate Judge Andre M. Espinosa added. (ps) |
| CLERK'S QUALITY CONTROL MESSAGE - Please be advised, the Clerk's Office has placed #1 PETITION for Writ of Habeas Corpus under temporary seal due to the presence of personal identifying information as to a minor child. This message is for informational purposes only and shall remain on the docket unless otherwise ordered by the Court. (mxw, ) |
| Filing 1 PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-14960145.), filed by MAIRENI ANTONIA FERRERAS HERASME. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Memorandum, #6 Text of Proposed Order, #7 Text of Proposed Order, #8 Text of Proposed Order, #9 Text of Proposed Order, #10 Certification RULE 11.2)(KORGUL, MARGARET) |
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| Petitioner: MAIRENI ANTONIA FERRERAS HERASME | |
| Represented By: | MARGARET T. KORGUL |
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| Respondent: MICHAEL GERALDO HERASME | |
| Represented By: | PHILIP PETRULLO |
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