Valles Rubio v. Veintimilla Castro
| Segundo Melchor Valles Rubio |
| Olga Katerine Veintimilla Castro |
| 1:2019cv02524 |
| April 30, 2019 |
| US District Court for the Eastern District of New York |
| Kiyo A Matsumoto |
| Steven Tiscione |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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| Document Text |
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| Filing 28 REPLY in Opposition re #25 Proposed Findings of Fact filed by Segundo Melchor Valles Rubio. (Sharad, Saurabh) |
| Filing 27 TRIAL BRIEF /Opposition to Petitioner's post hearing brief by Olga Katerine Veintimilla Castro (Griver, Yoav) |
| Filing 26 Proposed Findings of Fact by Segundo Melchor Valles Rubio (Sharad, Saurabh) |
| Filing 25 Proposed Findings of Fact by Olga Katerine Veintimilla Castro (Griver, Yoav) |
| Filing 24 Letter of Yoav M. Griver to Judge Matsumoto enclosing certified translations of six exhibits that were admitted into evidence pending these certified translations by Olga Katerine Veintimilla Castro (Attachments: #1 Exh. AB, #2 Exh. AC, #3 Exh. AI, #4 Exh. AK, #5 Exh. AL, #6 Exh. AM) (Griver, Yoav) |
| Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Evidentiary Hearing held on 6/5/2019. Appearances: for petitioner, Robert Pees, Esq. and Saurabh Sharad, Esq.; for respondent, Yoav Griver, Esq. and Jorge Rodriguez, Esq. Interpreters James Hontoria and Mercedes Avalos assisted. The court heard testimony and admitted exhibits into evidence. The hearing is concluded. The parties will each file post-hearing briefs by June 11, 2019 and file their respective replies in opposition by June 21, 2019. The parties are also ordered to serve two courtesy copies of their respective submissions on Chambers once fully briefed. (Court Reporter Nolan, Sophie) (Mazzurco, Vincent) |
| Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Evidentiary Hearing held on 6/4/2019. Appearances: for petitioner, Robert Pees, Esq. and Saurabh Sharad, Esq.; for respondent, Yoav Griver, Esq. and Jorge Rodriguez, Esq. Interpreters James Hontoria and Mercedes Avalos assisted. The parties appeared before the court and the court heard testimony and admitted exhibits into evidence. The hearing is continued to June 5, 2019 at 9 a.m. (Court Reporter Parisi, Denise) (Mazzurco, Vincent) |
| Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Evidentiary Hearing held on 6/3/2019. Appearances: for petitioner, Robert Pees, Esq. and Saurabh Sharad, Esq.; for respondent, Yoav Griver, Esq. and Jorge Rodriguez, Esq. Interpreters James Hontoria and Daniel Sherr assisted. The parties appeared before the court and the court heard testimony from multiple witnesses, including in camera testimony from the minor child, and admitted exhibits into evidence. The hearing is continued to June 4, 2019 at 9 a.m. (Court Reporter Danelczyk, Linda) (Mazzurco, Vincent) |
| Filing 23 Letter /Joint letter to Judge Matsumoto regarding the testimony of the child by Olga Katerine Veintimilla Castro (Griver, Yoav) |
| Filing 22 MEMORANDUM in Opposition re #16 MOTION in Limine and to strike certain material from petition filed by Segundo Melchor Valles Rubio. (Sharad, Saurabh) |
| Filing 21 REPLY in Support re #1 Complaint Petitioner's Reply Memorandum in Further Support of Verified Petition Under the Hague Convention for the Return of Child filed by Segundo Melchor Valles Rubio. (Sharad, Saurabh) |
| Filing 20 DECLARATION re #1 Complaint Declaration of Petitioner in Further Support of Verified Petition Under the Hague Convention for the Return of Child by Segundo Melchor Valles Rubio (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Sharad, Saurabh) |
| Filing 19 NOTICE of Appearance by Robert H. Pees on behalf of Segundo Melchor Valles Rubio (aty to be noticed) (Pees, Robert) |
ORDER: The parties are ordered to submit two hard-copy, courtesy copies of their respective submissions to Chambers, except for petitioner's initial filings which the court has already received, by Friday, May 31, 2019. Additionally, the court understands the parties will not need more than the morning of June 5, 2019, if at all, to conclude the hearing. The court therefore anticipates adjourning the hearing no later than 12 p.m. June 5, 2019. Ordered by Judge Kiyo A. Matsumoto on 5/29/2019. (Mazzurco, Vincent)
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| Filing 18 DECLARATION re #1 Complaint /Report of Doctor Edward Fernandez by Olga Katerine Veintimilla Castro (Griver, Yoav) |
| Filing 17 MEMORANDUM in Support re #16 MOTION in Limine and to strike certain material from petition filed by Olga Katerine Veintimilla Castro. (Griver, Yoav) |
| Filing 16 MOTION in Limine and to strike certain material from petition by Olga Katerine Veintimilla Castro. (Attachments: #1 Declaration of Jorge Rodriquez, #2 Exh. L Letters of Support, #3 Exh. M Opposing counsel's response to Respondent's first set of discovery requests, #4 Exh. N May 16, 2019 Letter, #5 Exh. O May 20, 2019 letter) (Griver, Yoav) |
| Filing 15 MEMORANDUM in Opposition to petition filed by Olga Katerine Veintimilla Castro. (Griver, Yoav) |
| Filing 14 DECLARATION re #1 Complaint /Declaration of Ariel Gould in response to petition by Olga Katerine Veintimilla Castro (Griver, Yoav) |
| Filing 13 DECLARATION re #1 Complaint /Declaration of Olga Katerine Veintimilla by Olga Katerine Veintimilla Castro (Attachments: #1 Exh. A Weapon license, #2 Exh. B (Part 1) Certified Statement, #3 Exh. B (Part 2) Certified Statement, #4 Exh. C Child Support Log, #5 Exh. D Education payment records, #6 Exh. E Certificate of Attendance, #7 Exh. F Judicial Information, #8 Exh. G Text Messages, #9 Exh. H school assignment, #10 Exh. I Visas, #11 Exh. J Church Statement, #12 Exh. L Letters of Support) (Griver, Yoav) |
| Filing 12 Witness List by Olga Katerine Veintimilla Castro (Griver, Yoav) |
| Filing 11 ANSWER to #1 Complaint /Verified answer and affirmative defenses to verified petition by Olga Katerine Veintimilla Castro. (Griver, Yoav) |
| Filing 10 Letter to Judge Matsumoto dated May 28, 2019 by Segundo Melchor Valles Rubio (Sharad, Saurabh) |
| Filing 9 NOTICE of Appearance by Jorge Adriel Rodriguez on behalf of Olga Katerine Veintimilla Castro (aty to be noticed) (Rodriguez, Jorge) |
| MINUTE ENTRY for Show Cause Hearing held before Judge Matsumoto on May 10, 2019. Appearances: Saurabh Sharad, Esq.; Yoav Griver, Esq. Petitioner and Respondent, as well as the minor child, B.S.V.V., were also present and assisted by interpreter Daniel Sherr. Also at respondent's table was Christina Fonsecca, a legal paraprofessional assisting with interpretation. The court heard from respondent who requested the hearing be continued to June. The court offered two days, June 3 and June 5, and set a schedule for respondent to respond to the petition. The parties indicated they had agreed to arrangements for limited visitation by petitioner with the child until petitioner returned to Ecuador. Respondent's counsel indicated he would seek limited discovery and would do so by Tuesday, May 14, 2019, though petitioner's counsel argued discovery was premature. The court ordered respondent to file and serve a response by May 28, 2019 and for petitioner to reply by May 30, 2019. The parties shall also file their respective lists of expected witnesses by May 28, 2019. The court scheduled the next hearing date for June 3, 2019 at 9:00 a.m. in Courtroom 6C South, with availability for a continuation on June 5, 2019. The court reminded the parties to coordinate any video-conference or teleconference technology requirements prior to the hearing date. (Court Reporter Lucchese, Michele) (Mazzurco, Vincent) |
| Filing 8 DECLARATION re #5 Order to Show Cause,,,,,, by Yoav M. Griver in response to petitioner's Order to show cause by Olga Katerine Veintimilla Castro (Griver, Yoav) |
| Filing 7 NOTICE of Appearance by Yoav M Griver on behalf of Olga Katerine Veintimilla Castro (aty to be noticed) (Griver, Yoav) |
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ORDER: The court notes the #7 appearance of counsel for respondent. Respondent is invited and encouraged to submit papers in response to the Order to Show Cause in advance of the hearing scheduled for May 10, 2019. Respondent may file her response no later than 5 p.m., May 9, 2019. Ordered by Judge Kiyo A. Matsumoto on 5/8/2019. (Mazzurco, Vincent)
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| PASSPORTS RECEIVED: Two (2) passports received by the Clerk's Office on Friday, May 3, 2019 re #5 Order to Show Cause. (Lee, Tiffeny) |
| Filing 6 AFFIDAVIT of Service for Verified Petition, Memorandum of Law in Support of Verified Petition, Civil Cover Sheet, Declaration of Saurabh Sharad, Certified Copy of Order to Show Cause served on Olga Katerine Veintimilla Castro on 4/30/19, filed by Segundo Melchor Valles Rubio. (Sharad, Saurabh) |
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ORDER: If either party will require an interpreter during the May 10, 2019 hearing, counsel for petitioner shall arrange for a court certified interpreter. Petitioner is encouraged to coordinate with respondent, once served, to determine retention of an interpreter and determine whether one interpreter may interpret for both parties. Ordered by Judge Kiyo A. Matsumoto on 5/1/2019. (Mazzurco, Vincent)
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Filing 5
ORDER TO SHOW CAUSE, That Respondent Olga Katerine Veintimilla Castro shall show cause before this Court on 5/10/2019 at 02:30 PM in Courtroom 6C South before Judge Kiyo A. Matsumoto, why an Order should not be issued pursuant to the Convention of the Civil Aspects of International Child Abduction, done at the Hague on 10/25/1980 and the International Child Abduction Remedies Act, 22 USC sec. 9001 et seq., as herein described. (Must See Order for further details) Thus, it is further ORDERED that Respondent is prohibited from removing the Child, or causing him to be removed, from the jurisdiction of this Court pending a further Order of this Court.It is further ORDERED that pending the hearing and final determination of the Verified Petition, Respondent is prohibited from leaving the jurisdiction of this Court. It is further ORDERED that Respondent must surrender her passport and the passport of the Child to the Clerk of this Court within 72 hours after Respondent is served with a copy of this Order. It is further ORDERED that Respondent shall bring the Child with her when she appears before this Court on May 10, 2019 at 2:30 p.m., for the hearing on this Petition. It is further ORDERED that personal service of this Order together with the papers upon which it is granted, be personally served upon Respondent pursuant to NY Dom. Rel. sec 76-d or FRCP 4 on or before May 3, 2019 at 5:00 p.m., and that such service shall be deemed good and sufficient. Petitioner shall file a return proof of service within 24 hours of service. (Ordered by Judge Kiyo A. Matsumoto on 4/30/2019) Certified Copy of OTSC hand delivered to Petitioner's Attorney on 4/30/19. (Galeano, Sonia)
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| Filing 4 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Williams, Erica) |
| Filing 3 Unsigned Order to Show Cause by Segundo Melchor Valles Rubio (Williams, Erica) |
| Filing 2 DECLARATION of Saurabh Sharad in support #1 by Segundo Melchor Valles Rubio. (Williams, Erica) |
| Filing 1 VERIFIED PETITION UNDER THE HAGUE CONVENTION for the return of a child against Olga Katerine Veintimilla Castro, filed by Segundo Melchor Valles Rubio. (Attachments: #1 Memorandum in Support, #2 Civil Cover Sheet) (Williams, Erica) |
| FILING FEE: $ 400.00, receipt number 4653139435 (Williams, Erica) |
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| Respondent: Olga Katerine Veintimilla Castro | |
| Represented By: | Jorge Adriel Rodriguez |
| Represented By: | Yoav M Griver |
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| Petitioner: Segundo Melchor Valles Rubio | |
| Represented By: | Saurabh Sharad |
| Represented By: | Robert H. Pees |
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