Francis v. Culley
| CHRISTOPHER SEAN FRANCIS, acting on behalf of infant child, K.K.S.F., and Christopher Sean Francis |
| SHELLON ROBERTA CULLEY |
| 1:2020cv03326 |
| July 23, 2020 |
| US District Court for the Eastern District of New York |
| Pamela K Chen |
| Roanne L Mann |
| Other Statutory Actions |
| 42 U.S.C. § 11601 - INTERNATIONAL CHILD ABDUCTION REMEDIES |
| None |
Docket Report
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This docket was last retrieved on October 19, 2021. A more recent docket listing may be available from PACER.
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| Filing 53 Letter MOTION for Leave to Electronically File Document under Seal , Letter MOTION for Discovery by Christopher Sean Francis. (Attachments: #1 Exhibit Subpoena to Kings County Hospital, #2 Exhibit Authorization to Subpoena to Kings County Hospital, #3 Exhibit Updated Authorization request, #4 Proposed Order for Issuance of Kings County Hospital Subpoena, #5 Exhibit Subpoena to Department of Youth & Community Development, #6 Proposed Order for Issuance of Beacon Youth Program Subpoena) (Carter, Ralph) |
| Filing 51 Letter to Judge Chen Re: Ms. Sandiford's Affidavit by Shellon Roberta Culley (Katz, Sharon) |
ORDER: In light of #49 Petitioner's letter regarding the EDNY Civil Litigation Fund, Petitioner is instructed to complete and submit the application on the Court's website, including attaching supporting documents, as directed on the form. The form may be filed ex parte, and is found at: https://img.nyed.uscourts.gov/files/local_rules/EDCLF.pdf. Ordered by Judge Pamela K. Chen on 9/18/2020. (Wisotsky, Shira)
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ORDER: The Court is in receipt of #50 Petitioner's motion, filed ex parte. In light of the cover letter, it is unclear whether Petitioner intended to file his motion ex parte or under seal. Regardless, all parties to this matter are directed to file a motion asking whether they can file a document under seal prior to doing so. The Clerk of Court is respectfully directed to unseal [50-1] the Court transcript attached to Petitioner's motion. Petitioner's motion #50 , which contains information about Respondent's immigration status and domestic violence allegations, and Exhibit B to the motion [50-2], an excerpt from Respondent's immigration documentation that the Court previously ordered to be kept as attorneys' eyes only, shall remain under seal but visible to both parties. The Clerk of Court is respectfully directed to update the properties of those documents accordingly. Ordered by Judge Pamela K. Chen on 9/17/2020. (Wisotsky, Shira)
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SCHEDULING ORDER: The Court shall hold a conference on #46 Respondent's letter and #50 Petitioner's motion for discovery tomorrow, September 18, 2020, at 9:30 a.m. Respondent shall be prepared to report on whether her immigration attorney has access to the missing information being sought by Petitioner either electronically or in hard-copy form. The parties are directed to use the video link previously provided for earlier conferences. The public may access the audio of the video conference by dialing 571-353-2300, and using access code 038106492. Ordered by Judge Pamela K. Chen on 9/17/2020. (Wisotsky, Shira)
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| Filing 50 Letter MOTION for Discovery by Christopher Sean Francis, Shellon Roberta Culley. (Attachments: #1 Exhibit Transcript of Conference, #2 Exhibit Production Excerpts) (Carter, Ralph) |
| Filing 49 Letter to Judge Chen Requesting Funds for Expert Discovery by Christopher Sean Francis (Carter, Ralph) |
| Minute Order for proceedings held before Judge Pamela K. Chen: Discovery conference held via video on 9/15/2020. Appearances by Ralph Carter and Brittany Pagnotta for Petitioner; and Sharon Katz, Dara Scheinfeld, and Kathryn Bi for Respondent. Case called. Discussion held. For the reasons discussed on the record, Respondent's #47 motion for discovery is resolved. The Court discussed the consents needed for a forensic examination and stressed that neither party should withhold consent based on litigation strategy or bargaining, but only out of a concern for the safety of the child. Respondent will be permitted to proceed with her retained expert first as she is ready to proceed, the parties are operating within an expedited timeframe, and Respondent carries the burden of proof for an affirmative defense. Respondent shall make her expert available to Petitioner for a video conference with all counsel present to discuss the expert's process. Petitioner will file a letter outlining his requests pertaining to assistance from the EDNY Civil Litigation Fund. (Court Reporter Michele Nardone.) (Wisotsky, Shira) |
| Filing 48 RESPONSE to Motion re #47 Letter MOTION for Discovery Regarding Expert Discovery Dispute filed by Christopher Sean Francis. (Carter, Ralph) |
| Filing 47 Letter MOTION for Discovery Regarding Expert Discovery Dispute by Shellon Roberta Culley. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Katz, Sharon) |
| Filing 46 Letter to Judge Chen regarding Respondent's USCIS documents by Shellon Roberta Culley (Katz, Sharon) |
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SCHEDULING ORDER re #47 Letter MOTION for Discovery: A discovery conference will be held on 9/15/2020, at 10:00 a.m. The parties are directed to use the video link previously provided for earlier conferences. The public may access the audio of the video conference by dialing 571-353-2300, and using access code 038106492. Ordered by Judge Pamela K. Chen on 9/14/2020. (Abdallah, Fida)
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ORDER: Petitioner shall respond to Respondent's #46 letter by Wednesday, September 16, 2020. Ordered by Judge Pamela K. Chen on 9/14/2020. (Wisotsky, Shira)
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| Filing 45 SEALED Verified ANSWER to Complaint (Notice of Removal) by Shellon Roberta Culley. (Katz, Sharon) |
| Filing 44 REDACTED VERIFIED ANSWER to #1 Complaint,,,, by Shellon Roberta Culley. (Katz, Sharon) |
| Minute Order for proceedings held before Judge Pamela K. Chen: Discovery conference held on 9/10/2020, via video. Appearances by Ralph Carter and Brittany Pagnotta for Petitioner; and Sharon Katz, Dara Scheinfeld, and Kathryn Bi for Respondent. Case called. Discussion held. Petitioner's #42 motion for discovery is granted in part, as discussed on the record; Petitioner's #38 letter regarding discovery disputes was also resolved, as discussed on the record. Respondent shall produce to Petitioner her immigration file by close of business tomorrow, September 11, 2020; Respondent's initial production will occur on September 14, 2020, and there will be ongoing production should Respondent find additional responsive documents. Respondent shall also produce a list of people who may have information or knowledge of facts relevant to her affirmative defenses by that same date. Assuming that Respondent is able to retrieve copy of her full USCIS file pursuant to a subpoena, and does not believe it should be produced to Petitioner in its entirety, the Court will conduct an in camera review. Respondent's #43 motion for leave to file under seal is granted in part; the full Answer to the Verified Petition may remain under seal, but Respondent shall file a public version with appropriate redactions. The Court discussed Respondents offer to stipulate to the elements of Petitioner's prima facie case and to limit the hearing to Respondent's affirmative defenses and Petitioner's rebuttal. Petitioner will file a letter with the Court addressing whether he will seek expert funds from the Eastern District Civil Litigation Fund. The Court will hold a discovery conference via video on September 23, 2020, at 2 p.m. The parties shall exchange hearing exhibits and come to an agreement as to stipulations of fact by September 29, 2020. The Court shall hold a pre-hearing conference via video on October 1, 2020, at 2 p.m. The public may access audio of the videos by dialing 571-353-2300, and using access code 038106492. (Court Reporter David Roy.) Modified on 9/10/2020 to correct sentence. (Abdallah, Fida) |
| Filing 43 MOTION for Leave to Electronically File Document under Seal Respondent's Verified Answer to Petition by Shellon Roberta Culley. (Attachments: #1 Proposed Sealed Document) (Katz, Sharon) |
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ORDER: In light of #38 #42 the parties' letters regarding discovery disputes, the Court will hold the previously scheduled discovery conference on September 10, 2020, at 9 a.m, via video conference. The public may access the audio of the video by dialing 571-353-2300, and using access code 038106492. Ordered by Judge Pamela K. Chen on 9/8/2020. (Wisotsky, Shira)
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| Filing 42 Letter MOTION for Discovery by Christopher Sean Francis, Shellon Roberta Culley. (Attachments: #1 Exhibit Ex. A - Petitioner's Discovery Demands with Supplement (2020-08-21 and 2020-08-25), #2 Declaration of CM/ECF technical failure) (Carter, Ralph) |
| Filing 41 DECLARATION of Destruction of Desiree E. Sankar by Christopher Sean Francis (Carter, Ralph) |
| Filing 40 DECLARATION of Destruction of Christopher Sean Francis by Christopher Sean Francis (Carter, Ralph) |
| Filing 39 DECLARATION of Destruction of Kemba Ifill-Francis by Christopher Sean Francis (Carter, Ralph) |
| Filing 38 Letter to Judge Chen Addressing the Discovery Disputes between the Parties by Shellon Roberta Culley (Attachments: #1 Exhibit A, #2 Exhibit B) (Katz, Sharon) |
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ORDER: In light of the Court's orders at the August 28, 2020 Discovery Conference, Petitioner's Counsel shall file a certificate confirming the destruction or return of the immigration documents turned over to Petitioner and/or his Trinidadian counsel by September 11, 2020. Ordered by Judge Pamela K. Chen on 9/4/2020. (Wisotsky, Shira)
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| Filing 34 Supplemental MOTION for Discovery by Christopher Sean Francis, Shellon Roberta Culley. (Attachments: #1 Exhibit 1. Subpoena to New York State Department of Corrections and Community Supervision, #2 Proposed Order 2. New York State Department of Corrections and Community Supervision, #3 Exhibit 3. Subpoena to The Doe Fund, Inc., #4 Proposed Order 4.The Doe Fund, Inc., #5 Exhibit 5.Subpoena to NYC Dept. of Homeless Services, #6 Proposed Order 6. Francis 6. NYC Dept. of Homeless Services) (Carter, Ralph) |
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ORDER: The Court is in receipt of Petitioner's e-mail to the Court copying opposing counsel and attaching three proposed orders with corresponding subpoenas for the Clerk of Court's authorization. Petitioner is directed to immediately file under seal electronic copies of all documents emailed to the Court on ECF/ PACER. The parties are again reminded that all proposed documents should be first electronically filed on ECF/PACER prior to e-mailing them to chambers, provided that the Court authorized an e-mail to chambers. Ordered by Judge Pamela K. Chen on 9/2/2020. (Wisotsky, Shira)
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| Filing 32 Letter MOTION for Discovery by Christopher Sean Francis, Shellon Roberta Culley. (Attachments: #1 Exhibit 1. Subpoena to New York State Department of Corrections and Community Supervision, #2 Proposed Order Issued to New York State Department of Corrections and Community Supervision, #3 Exhibit 2. Subpoena to New York City Office of the City Clerk, for Marriage Applications, #4 Proposed Order Issued to New York City Office of the City Clerk, for Marriage Applications, #5 Exhibit 3. Subpoena to The Doe Fund, Inc.,, #6 Proposed Order Issued to The Doe Fund, Inc.,, #7 Exhibit 4. Subpoena to New York City Department of Homeless Services, #8 Proposed Order Issued to New York City Department of Homeless Services) (Carter, Ralph) |
| Minute Order for proceedings held before Judge Pamela K. Chen: Discovery conference held telephonically on 8/28/2020. Appearances by Ralph Carter for Petitioner and Sharon Katz and Kathryn Bi for Respondent. Case called. Discussion held. The Court ruled on #30 #31 the parties' motions for discovery on the record, and adjourns the response date sine die. Petitioner's Counsel is prohibited from providing electronic or physical copies of Respondent's immigration documentation to Petitioner or his counsel in Trinidad, and must refrain from disclosing Respondent's A# or other identifying information, but may otherwise discuss the content of those documents with Petitioner. To the extent Petitioner's counsel has already provided copies of those documents to Respondent, he must retrieve them or ensure their destruction (as confirmed by a certificate attesting to the same). Petitioner, his counsel, and all others connected to Petitioner are prohibited from affirmatively seeking to intervene in or interfere with the adjudication of Respondent's immigration status. Should Petitioner seek any additional subpoenas, he shall file his requests and the attached subpoenas under seal on ECF, and e-mail a Word version of any proposed order to Chen_Chambers@nyed.uscourts.gov. Should any additional discovery disputes arise, the parties will file letters on ECF by September 4, 2020. The Court will thereafter hold a discovery conference on September 10, 2020, at 9 a.m. The hearing on the merits of the verified petition is adjourned to October 8, 2020, at 9 a.m. (Court Reporter Androniki Barna.) (Wisotsky, Shira) |
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SCHEDULING ORDER: The Court will hold a discovery conference, via video, tomorrow, August 28, 2020, at 2 p.m. The public may access the audio of the video by dialing 571-353-2300, and using access code 038106492. Ordered by Judge Pamela K. Chen on 8/27/2020. (Wisotsky, Shira)
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| Filing 31 Letter MOTION to Compel Production of Documents by Respondent by Christopher Sean Francis. (Attachments: #1 Exhibit A - Excerpts of P017, #2 Exhibit B - Criminal Disposition Information, #3 Exhibit C - Inmate Lookup Record, #4 Exhibit D - NYPD Records, #5 Exhibit E - Certificate of Disposition, #6 Exhibit F - Parolee Lookup Record, #7 Exhibit G - Form I- 797C, Notice of Action) (Carter, Ralph) |
| Filing 30 Letter to Judge Chen Addressing the Discovery Disputes between the Parties by Shellon Roberta Culley (Attachments: #1 Exhibit A, #2 Exhibit B) (Katz, Sharon) |
| Filing 29 NOTICE of Appearance by Brittany Pagnotta on behalf of Christopher Sean Francis (aty to be noticed) (Pagnotta, Brittany) |
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ORDER: The Court finds no reason to seal the #27 letter regarding statements made on the record at the August 12th hearing. The Clerk of Court is respectfully directed to unseal the document. Ordered by Judge Pamela K. Chen on 8/24/2020. (Abdallah, Fida)
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| Filing 28 Exhibit List Petitioner's Notice of Filing of Corrected Proposed Exhibits for the Expedited Hearing on the Verified Petition by Christopher Sean Francis. (Attachments: #1 Exhibit P018 corrected, #2 Exhibit P019 corrected) (Carter, Ralph) |
| Filing 27 Letter Judge Pamela K. Chen from Ralph Carter re: Passport Stamps by Christopher Sean Francis (Carter, Ralph) |
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Filing 26
ORDER FOR ISSUANCE OF SUBPOENA PURSUANT TO C.P.L.R. 2307 AND FED. R. CIV. P. 45(a). Ordered by Judge Pamela K. Chen on 8/13/2020. (Wisotsky, Shira)
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ORDER: The Court is in receipt of Petitioner's email requesting a copy of #26 the discovery order issued by the Court. The Court notes that the document was filed for parties' eyes only, and is accessible to both counsel for Petitioner and Respondent. Should either party continue to have difficulty accessing documents filed on ECF/ PACER, they may contact the ECF help desk at 718-613-2290. Ordered by Judge Pamela K. Chen on 8/13/2020. (Wisotsky, Shira)
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| Filing 25 Letter MOTION for Discovery by Christopher Sean Francis. (Attachments: #1 Exhibit Proposed Subpoena to NYPD) (Carter, Ralph) |
| Filing 24 Exhibit List Petitioner's Notice of Filing of Proposed Exhibits for the Expedited Hearing on the Verified Petitionfor the by Christopher Sean Francis. (Attachments: #1 Exhibit P001, #2 Exhibit P002, #3 Exhibit P003, #4 Exhibit P004, #5 Exhibit P005, #6 Exhibit P006, #7 Exhibit P007, #8 Exhibit P008, #9 Exhibit P009, #10 Exhibit P010, #11 Exhibit P011, #12 Exhibit P012, #13 Exhibit P013, #14 Exhibit P014, #15 Exhibit P015, #16 Exhibit P016, #17 Exhibit P017, #18 Exhibit P018, #19 Exhibit P019, #20 Exhibit P020, #21 Exhibit P021, #22 Exhibit P022, #23 Exhibit P023, #24 Exhibit P024, #25 Exhibit P025, #26 Exhibit P026, #27 Exhibit P027, #28 Exhibit P028, #29 Exhibit P029, #30 Exhibit P030, #31 Exhibit P031, #32 Exhibit P032, #33 Exhibit P033, #34 Exhibit P034, #35 Exhibit P035, #36 Exhibit P036, #37 Exhibit P037, #38 Exhibit P038, #39 Exhibit P039, #40 Exhibit P040, #41 Exhibit P041, #42 Exhibit P042, #43 Exhibit P043, #44 Exhibit P044, #45 Exhibit P045, #46 Exhibit P046, #47 Exhibit P047, #48 Exhibit P048, #49 Exhibit P049, #50 Exhibit P050, #51 Exhibit P051, #52 Exhibit P052, #53 Exhibit P053, #54 Exhibit P054, #55 Exhibit P055, #56 Exhibit P056, #57 Exhibit P057, #58 Exhibit P058, #59 Exhibit P059, #60 Exhibit P060, #61 Exhibit P061, #62 Exhibit P062) (Carter, Ralph) |
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ORDER: Given that legal counsel entered their appearances yesterday on behalf of Respondent, and in order to give Respondent's counsel time to prepare for the hearing, today's hearing is converted into a conference for the purpose of, inter alia: (1) discussing the immigration-related documents subpoenaed by Petitioner's counsel from Respondent's immigration attorney, which have been partially produced to the Court; (2) any discovery to be conducted in advance of a hearing on the verified petition; (3) imposition of a preliminary injunction with terms similar to those of the current TRO; and (4) scheduling the hearing on the verified petition. Ordered by Judge Pamela K. Chen on 8/12/2020. (Wisotsky, Shira)
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ORDER: Petitioner is directed to e-mail a Word version of #25 his proposed order to chen_chambers@nyed.uscourts.gov. Ordered by Judge Pamela K. Chen on 8/12/2020. (Wisotsky, Shira)
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| NOTICE to counsel: In preparation for the today's conference, the Court has turned over to Respondent's counsel electronic copies the immigration documents produced in camera to the Court. (Abdallah, Fida) |
| Minute Entry for proceedings held before Judge Pamela K. Chen: Scheduling conference held on 8/12/2020 via video conference. Appearances by Ralph Carter for Petitioner and Sharon Katz, Dara Sheinfeld, and Lauren Brachman for Respondent. Also present were Kathryn Bi, Esq. for Petitioner and Petitioner; and Respondent with Trinidadian counsel, Desiree Sankar and Kemba Ifill-Francis. Case called. Discussion held. On consent of Respondent, the Court incorporates all of the terms of #7 the previously ordered temporary restraining order into a preliminary injunction. During the pendency of this proceeding, Respondent shall not leave New York City or remove the child from this District. Petitioner's counsel will continue to hold Respondent's immigration documentation. The parties shall confer regarding any virtual visitation arrangements for Petitioner with the child. The parties shall file motions regarding any discovery disputes by August 26, 2020; responses are due by September 2, 2020. The Court will schedule oral argument after the response date, only if necessary. Respondent shall file an Answer to the Petition by September 9, 2020. The hearing on the verified petition shall begin on September 21, 2020, and is expected to conclude that same day or by midday September 22, 2020. The attorneys shall appear via video at 9:00 a.m. on September 21, 2020 to address any outstanding issues before the hearing. Petitioner's presentation of his case will begin at 9:30 a.m. (Court Reporter Rivka Teich.) (Wisotsky, Shira) |
| Filing 23 NOTICE of Appearance by Lauren Brachman on behalf of Shellon Roberta Culley (aty to be noticed) (Brachman, Lauren) |
| Filing 22 NOTICE of Appearance by Dara Sheinfeld on behalf of Shellon Roberta Culley (aty to be noticed) (Sheinfeld, Dara) |
| Filing 21 NOTICE of Appearance by Sharon Katz on behalf of Shellon Roberta Culley (aty to be noticed) (Katz, Sharon) |
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ORDER:The Court is in receipt of Petitioner's e-mail to chambers asking about the use of exhibits for tomorrow's hearing. Both parties are directed to electronically file any exhibits they wish to present to the Court by 10 a.m. tomorrow, August 12, 2020. If any proposed exhibit contains confidential information, i.e., the name or any other identifying information for the subject child, any document pertaining to an allegation of abuse, a document relating to a party's immigration status or petition, or a document produced pursuant to the subpoena of the State Department, then that exhibit shall be separately filed under seal. Additionally, the parties may present documents as part of their presentation using the U.S. Court's Cisco Meeting App screen-sharing function. That function permits a participant to fully share their screen, or to only share a particular computer application. Should either party wish to test the function prior to tomorrow's hearing, they may join the Cisco Meeting Room fifteen minutes prior to the hearing, and the Courtroom Deputy and/or Law Clerk will be available to assist. Finally, the Court notes that it receives all documents electronically filed on ECF/ PACER, and documents need not be e-mailed to chambers. The parties shall refrain from e-mailing chambers unless otherwise directed by the Court. All further requests shall be filed in letter format on ECF/ PACER. Ordered by Judge Pamela K. Chen on 8/11/2020. (Wisotsky, Shira)
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| Filing 20 Letter revised proposed Subpoena by Christopher Sean Francis (Carter, Ralph) |
| Filing 18 Letter to Court providing Respondent's cellphone number in accordance with August 10, 2020 Text Order.. by Christopher Sean Francis (Carter, Ralph) |
| Filing 17 Letter MOTION for Discovery by Christopher Sean Francis. (Attachments: #1 Exhibit Subpoena to Immigration Attorney Abadir Jama Barre (filed under seal), #2 Proposed Order for Issuance of Subpoena to Barre Pursuant to Fed. R. Civ. P. 45) (Carter, Ralph) |
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ORDER: Counsel for Petitioner is directed to, by 5 p.m. today, August 10, 2020, file a letter, under seal, providing the Court with Respondent's phone number for the purposes of a referral for pro bono legal services. Ordered by Judge Pamela K. Chen on 8/10/2020. (Wisotsky, Shira)
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Filing 14
ORDER FOR ISSUANCE OF SUBPOENA PURSUANT TO C.P.L.R. 2307 AND FEDERAL RULE OF CIVIL PROCEDURE 45(a). Ordered by Judge Pamela K. Chen on 8/5/2020. (Wisotsky, Shira)
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Filing 13
ORDER: The Clerk of Court is respectfully directed to update the contact information for pro se Respondent with the information elicited on the record at the August 4, 2020 show cause hearing: Her mailing address is 520 East 21st Street, Apt. 4B, Brooklyn, N.Y. 11226, and her e-mail address is ShellonCulley28@gmail.com. The Court notes that Respondent consented to receive e-mail updates, and, due to the short time-frame, will e-mail Respondent copies of any court orders entered until the date of the preliminary injunction hearing scheduled for August 12, 2020. Respondent is encouraged to also complete the Pro Se Registration and Consent for Electronic Service of Orders and Notices Form, which is both included with this Order and may be found here: https://img.nyed.uscourts.gov/files/forms/ProSeConsElecSvc.pdf. Finally, per the discussion on the record at the August 4, 2020 hearing, the Court also provides Respondent with the information for the City Bar Justice Center's Pro Se Assistance free legal hotline: 212-626-7383. Ordered by Judge Pamela K. Chen on 8/5/2020. (Wisotsky, Shira)
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| Filing 12 Letter MOTION for Discovery by Christopher Sean Francis. (Attachments: #1 Proposed Order Subpoena to the United State Department of State, #2 Supplement Court Certification, #3 Proposed Order Subpoena to NYC Department of Education, #4 Proposed Order for Issuance of Subpoena Pursuant to CPLR 2307) (Carter, Ralph) |
| Filing 11 Minute Entry for proceedings held before Judge Pamela K. Chen: Show cause hearing held on August 4, 2020. Ralph Carter and Kevin Fee for Petitioner; also appearing for Petitioner was counsel in Trinidad: Desiree Sankar and Kimba Ifill-Francis; Respondent Shellon Culley appearing pro se. Case called. Discussion held. For the reasons stated on the record, the Temporary Restraining Order is extended until the date of the preliminary injunction hearing. The preliminary injunction hearing is scheduled for August 12, 2020, at 2 p.m. See attached for additional details. (Court Reporter Michele Lucchese.) (Wisotsky, Shira) |
| Filing 10 CERTIFICATE OF SERVICE by Christopher Sean Francis re Scheduling Order,,,, (Attachments: #1 Exhibit A - A true and correct copy of the Federal Express email confirmation of delivery) (Carter, Ralph) |
| Filing 9 Letter Request for Technical Logistics Appointment for Virtual Hearings by Christopher Sean Francis (Carter, Ralph) |
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ORDER: The parties will receive an e-mailed link to the video conference, obviating #9 the need to schedule a meeting with the Courtroom Deputy. By close of business Friday, July 31, 2020, Petitioner shall either provide the Court with a known working e-mail for Respondent's counsel, or Respondent if she is proceeding pro se, or serve a copy of this Order on Respondent and promptly file proof of service. If Respondent is represented by counsel, then counsel is directed to enter a notice of appearance on Respondent's behalf by August 3, 2020, at 12 p.m. If Respondent is proceeding without counsel, she is directed to write a letter to the Court providing a working e-mail address by August 3, 2020 at 12 p.m.; Respondent may do so by emailing prose_filings@nyed.uscourts.gov, noting the full docket number of this case: 1:20-cv-3326, and including the word "urgent" in the subject line of the email. Ordered by Judge Pamela K. Chen on 7/29/2020. (Wisotsky, Shira)
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| Filing 8 AFFIDAVIT of Service for Order to Show Cause, Petition and Supporting documents served on Shellon Roberta Culley on July 25, 2020, filed by Christopher Sean Francis. (Carter, Ralph) |
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Filing 7
TEMPORARY RESTRAINING ORDER, ORDER TO SHOW CAUSE, and ORDER FOR ALTERNATE SERVICE OF PROCESS. Ordered by Judge Pamela K. Chen on 7/24/2020. (Wisotsky, Shira)
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| Filing 6 Unsigned Order to Show Cause Temporary Restraining Order by Christopher Sean Francis (Carter, Ralph) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| 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. (Davis, Kimberly) |
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ORDER: As Directed in the #7 Order to Show Cause and Temporary Restraining Order, the Court shall hold an Order to Show Cause Hearing, via video conference, on August 4, 2020, at 2 p.m. In addition to appearing at the Hearing, Respondent may file a written response to the Order to Show Cause by August 3, 2020. The Court will, thereafter, hold a hearing on Petitioner's Verified Petition, via video conference, on August 12, 2020, at 2 p.m. The Child shall be available for both video conferences. The public may access the audio of both videos by dialing 571-353-2300, and using access code 038106492. Petitioner shall serve a copy of this Order, along with the other documents identified in #7 the Court's Order, on Respondent. Ordered by Judge Pamela K. Chen on 7/24/2020. (Wisotsky, Shira)
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ORDER: Petitioner shall submit, via email, a Microsoft Word version of #2 the proposed Order to Show Cause and Temporary Restraining Order to Chen_Chambers@nyed.uscourts.gov. Ordered by Judge Pamela K. Chen on 7/24/2020. (Wisotsky, Shira)
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ORDER: In light of Administrative Order 2020-19-1, suspending the appointment of service by the U.S. Marshal until further order of the Chief Judge of the Eastern District of New York due to the current public health emergency, Petitioner shall promptly file a proposed order appointing an alternative special process server pursuant to Federal Rule of Civil Procedure 4(c). Petitioner shall electronically file a pdf version of his proposed order via ECF and e-mail a copy of the same to Chen_Chambers@nyed.uscourts.gov. Ordered by Judge Pamela K. Chen on 7/24/2020. (Wisotsky, Shira)
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| Case Assigned to Judge Pamela K. Chen and Magistrate Judge Roanne L. Mann. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly) |
| Filing 3 NOTICE of Appearance by Kevin J. Fee on behalf of CHRISTOPHER SEAN FRANCIS, acting on behalf of infant child, K.K.S.F., (aty to be noticed) (Fee, Kevin) |
| Filing 2 Unsigned Order to Show Cause by CHRISTOPHER SEAN FRANCIS, acting on behalf of infant child, K.K.S.F., (Attachments: #1 Memorandum in Support, #2 Declaration of Ralph Carter pursuant to Federal Rule 65(b)) (Carter, Ralph) |
| Filing 1 COMPLAINT against SHELLON ROBERTA CULLEY filing fee $ 400, receipt number ANYEDC-13108187 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by CHRISTOPHER SEAN FRANCIS, acting on behalf of infant child, K.K.S.F.,. (Attachments: #1 Exhibit Ex. A - Hague Convention 1343 UNTS 89, #2 Exhibit Ex. B - Int'l Child Abduction Remedies Act (ICARA) 22 USC 9001, #3 Exhibit Ex. C - Birth certificate of KKSF_Redacted, #4 Exhibit Ex. D - School Certification_Redacted, #5 Exhibit Ex. E - excerpts - Trinidad and Tobagos Family Law Ch. 46-08 (Guardianship of Minors, Domicile and Maintenance) Act, #6 Exhibit Ex. F - excerpts - Trinidad and Tobago Matrimonial Proceedings and Property Act, Chap. 45-51, #7 Exhibit Ex. G - Decree Nisi, #8 Exhibit Ex. H - 5-10-2019 Letter to Trinidadian Central Authority, #9 Exhibit Ex. I - 7-24-2019 Court Order in Chambers_Redacted, #10 Exhibit Ex. J - 10-8-2019 Referral and Hague App_Redacted, #11 Exhibit Ex. K - 7-6-2020 Letter from Bureau of Consular Affairs_Redacted, #12 Civil Cover Sheet) (Carter, Ralph) |
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