Hoogendoorn v. Tonesen
| Dennis Hoogendoorn |
| Kristin Tonesen |
| 1:2021cv01716 |
| March 30, 2021 |
| US District Court for the Eastern District of New York |
| LaShann DeArcy Hall |
| Ramon E Reyes |
| Agriculture Acts |
| 42 U.S.C. § 11601 - INTERNATIONAL CHILD ABDUCTION REMEDIES |
| None |
Docket Report
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SCHEDULING ORDER: The parties' joint request #23 to amend the Court's May 5, 2021 scheduling order is GRANTED in part and DENIED in part. The evidentiary hearing shall commence on July 19, 2021 at 10:30 a.m. Fact discovery shall be completed by June 7, 2021. Expert discovery shall be completed by June 23, 2021. Each party shall file their pre-trial memorandum, detailing their arguments, by June 21, 2021. Responses to pre-trial memoranda shall be filed by July 1, 2021. Any motions in limine shall be filed by June 28, 2021, except that motions in limine relating to experts or rebuttal experts shall be filed by July 1, 2021. Any responses to motions in limine shall be filed by July 6, 2021, except that responses to motions in limine relating to experts or rebuttal experts shall be filed by July 8, 2021. A joint pre-trial order shall be filed by July 9, 2021. Written direct examinations and any proposal regarding the testimony of any minor child shall be due July 16, 2021. A final pre-trial conference shall be held via video conference on July 13, 2021 at 2:00 p.m. The parties have been sent a video link separately. Members of the public can join by phone at 1-650-479-3207; access code 1722430550. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. Ordered by Judge LaShann DeArcy Hall on 5/20/2021. (Williams, Erica)
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| Filing 23 STIPULATION re Set Hearings,,,,,, Order,,,,, Stipulation Modifying Certain Scheduling Order Deadlines by Dennis Hoogendoorn (Powers, Kelly) |
| Filing 22 ANSWER to #1 Complaint, by Kristin Tonesen. (Min, Richard) |
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SCHEDULING ORDER: The evidentiary hearing shall commence on July 19, 2021 at 10:30 a.m. Respondent shall respond to the petition by May 10, 2021. The parties discovery requests shall be due by May 17, 2021. Fact discovery shall be completed by June 7, 2021. Expert discovery shall be completed by June 14, 2021. Each party shall file their pre-trial memorandum, detailing their arguments, by June 21, 2021. Responses to pre-trial memoranda shall be filed by June 28, 2021. Any motions in limine shall be filed by June 28, 2021. Any responses to motions in limine shall be filed by July 6, 2021. A joint pre-trial order shall be filed by July 9, 2021. Written direct examinations and any proposal regarding the testimony of any minor child shall be due July 16, 2021. A final pre-trial conference shall be held via video conference on July 13, 2021 at 2:00 p.m. The parties are directed to use the following conference line and dial-in information: toll free number 1-650-479-3207; access code 1609010194. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. Ordered by Judge LaShann DeArcy Hall on 5/5/2021. (Williams, Erica)
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| Filing 21 SUMMONS Returned Executed by Dennis Hoogendoorn. Kristin Tonesen served on 4/20/2021, answer due 5/11/2021. As per Judge LDH's Order dtd. 4/16/2021 (Service completed by affixing the process on the door of 536 4th Street, Brooklyn, NY 11215), filing proof of service. (Layne, Monique) |
| Filing 20 Summons Returned Unexecuted by Dennis Hoogendoorn as to Kristin Tonesen. re #8 OTSC dtd. 3/31/2021. Unable to serve on April 8, 2021 (2 attempts made- 1st attempt at 4p.m.; 2nd at 8:30 p.m.). ***Unable to locate in 159 6th Ave., Brooklyn, NY 11217; Located but refused service in 536 4th Street, Brooklyn, NY 11215. (Layne, Monique) |
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ORDER: Because of an unexpected change in the Court's schedule, the Court adjourns the April 30, 2021 conference sine die. The evidentiary hearing is adjourned to July 19, 2021July 22, 2021. The Court extends the deadline for Respondent to answer or move to dismiss the petition to May 10, 2021, but encourages Respondent to file an answer as, based on a review of the petition, a motion to dismiss is unlikely to succeed. If Respondent does file a motion to dismiss, the Court will establish a schedule for responsive papers and a reply. Ordered by Judge LaShann DeArcy Hall on 4/30/2021. (Valentin, Winnethka)
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ORDER: Respondent's motion for an extension of time to respond to the petition #18 is GRANTED. Respondent shall respond to the petition by May 3, 2021. The remaining deadlines set during the April 23, 2021 scheduling conference are adjourned sine die. A scheduling conference shall be held by videoconference on April 30, 2021 at 1:00 p.m. The public is directed to use the following conference line and dial-in information: 1-650-479-3207; access code 160 115 6734. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. The parties have been sent a video link separately. Ordered by Judge LaShann DeArcy Hall on 4/29/2021. (Layne, Monique)
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| Filing 19 MEMORANDUM in Opposition re #18 MOTION for Extension of Time to File Answer re #1 Complaint, Pre-Trial Memorandum filed by Dennis Hoogendoorn. (Powers, Kelly) |
| Filing 18 MOTION for Extension of Time to File Answer re #1 Complaint, Pre-Trial Memorandum by Kristin Tonesen. (Min, Richard) |
| Filing 17 Minute Entry for proceedings held before Judge Eric R. Komitee: Telephone Show Cause Hearing held on 4/23/2021. The following expedited schedule was set: Evidentiary hearing to begin on May 18, 2021, at 10:30 a.m.; Respondent's response to the petition due by April 30, 2021; Pre-trial memorandum (detailing the parties' arguments) by April 30, 2021; Responses to pre-trial memorandum by May 6, 2021; Motions in limine by May 6, 2021; Responses to motions in limine by May 10, 2021; Joint pre-trial order by May 6, 2021; Final pre-trial conference May 13, 2021, at 2:00 p.m.; and Written direct examinations and any proposal regarding the testimony of any minor child by May 14, 2021. (Court Reporter Georgette Betts.) (Guy, Alicia) |
| Filing 16 Receipt of 8 Passports pursuant to re Order, dated 4/21/2021. Passports paced in vault. (Marziliano, August) |
| Filing 15 NOTICE of Appearance by Michael Banuchis on behalf of Kristin Tonesen (aty to be noticed) (Banuchis, Michael) |
| Filing 14 Letter regarding surrender of passports by Kristin Tonesen (Min, Richard) |
| Filing 13 NOTICE of Appearance by Richard Min on behalf of Kristin Tonesen (aty to be noticed) (Min, Richard) |
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SCHEDULING ORDER: The Order to Show Case hearing scheduled for April 23, 2021 at 1:00 p.m. is respectfully referred to Judge Eric R. Komitee. The hearing is adjourned to April 23, 2021 at 2:00 p.m. and shall be held telephonically. The parties are directed to call Judge Eric R. Komitee's chambers on May 21, 2021, at 2:00 p.m. using the following conference line and dial-information: toll free number 1-888-808-6929; access code 564-7824. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. All other provisions of the order to show cause #8 remain in effect. Ordered by Judge LaShann DeArcy Hall on 4/21/2021. (Williams, Erica)
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ORDER: The Court is in receipt of Respondent's request #14 for further instruction regarding the surrender of the minor children's passports. Respondent shall surrender the passports at the Clerk's Office located at 225 Cadman Plaza East, Brooklyn, New York 11201. Ordered by Judge LaShann DeArcy Hall on 4/21/2021. (Williams, Erica)
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| Filing 12 AFFIDAVIT of Service for Ordered Alternative Service Bundle served on Kristin Tonesen on April 17, 2021, filed by Dennis Hoogendoorn. (Attachments: #1 Exhibit A) (Cullen, Stephen) |
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ORDER: On April 8, 2021, the United States Marshals Service ("USMS") attempted to serve process on Respondent. She expressly refused service, and indicated that she did not have any passports for the minor children. (See ECF No. 11-2.) On April 13, 2021, Petitioner filed a motion for alternate service as follows: (A) for the USMS to affix the order rescheduling the Show Cause Hearing, all previously entered orders, and all pleadings and papers on the door of Respondent's dwelling place located at: 536 4th St., Brooklyn, NY 11215 and to thereafter file proof of service; (B) for Petitioner's counsel to mail all previously entered orders, and all pleadings and papers to Respondent's dwelling place located at: 536 4th St., Brooklyn, NY 11215 and to send the same process to her again by email to: kristintonnesen@yahoo.com; and (C) for Petitioner's counsel to thereafter file proof of service; and (D) that service be considered complete upon the filing of the USMS proof of service and Petitioner's counsels proof of service. Rule 4(e) of the Federal Rules of Civil Procedure provides that an individual may be served by "following state law for serving a summons in an action brought in courts of general jurisdiction in the state where the district court is located or where service is made." Fed. R. Civ. P. 4(e). Under New York law, if service by other means cannot be made "with due diligence," service may be made by affixing the summons to the door to the "usual place of abode" of the individual and "by mailing the summons to such person at his or her last known residence." N.Y. C.P.L.R. 308(4). And, if that is not practicable, service may be executed "in such manner as the court, upon motion without notice, directs." Id. 308(5). Having found that service was previously attempted with due diligence, that service pursuant to N.Y. C.P.L.R. 308(4) will likely not be practicable, and in light of the need for the Court to expeditiously resolve this issue pursuant to the directives of the Hague Convention, Petitioner's request #11 for alternative service is GRANTED. An Order to Show Case hearing shall be held on April 23, 2021 at 1:00 p.m. The public is directed to use the following conference line and dial-in information: 1-650-479-3207; access code 160 106 0584. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. Petitioner and Respondent shall contact the chambers deputy for the link to the video conference platform. All other provisions of the order to show cause #8 remain in effect. Petitioner and Respondent shall attend the Order to Show Cause hearing. Respondent's failure to appear may result in sanctions, up to and including arrest for civil contempt. Ordered by Judge LaShann DeArcy Hall on 4/16/2021. (Williams, Erica)
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| Filing 11 Emergency MOTION for Service by Publication (Emergency Motion for Alternative Service by Posting, Mail, and Email) by Dennis Hoogendoorn. (Attachments: #1 Exhibit A - USMS Correspondence, #2 Exhibit B - USMS Process Receipt and Return, #3 Exhibit C - Email to Respondent With Attachments, #4 Exhibit D - Email to Petition From Respondent, #5 Proposed Order Proposed Emergency Order for Alternative Service and to Reschedule Show Cause Hearing) (Powers, Kelly) |
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ORDER: The Court has been advised that the United States Marshals Service was not able to effectuate service. Accordingly, the order to show cause hearing previously scheduled for April 15, 2021 is ADJOURNED sine die. Once service has been effected, Petitioner is directed to file proof of service, at which time, the Court will reschedule the hearing. Ordered by Judge LaShann DeArcy Hall on 4/13/2021. (Williams, Erica)
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MINUTE ENTRY AND ORDER: An ex-parte status conference was held before Judge DeArcy Hall via videoconference on April 8, 2021. Kelly Powers appeared on behalf of Petitioner. The United States Marshals Service failed to serve Respondent as of the time of the hearing. Accordingly, and assuming service is effectuated, the order to show cause hearing previously scheduled for April 8, 2021 is ADJOURNED to April 15, 2021 at 11:00 a.m. The public is directed to use the following conference line and dial-in information: 1-650-479-3207; access code 157 569 2779. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. Petitioner and Respondent shall contact the chambers deputy for the link to the video conference platform. All other provisions of the order to show cause #8 remain in effect. The United States Marshals Service is respectfully ordered to serve a copy of the original order to show cause (ECF No. 8) and this order on the Respondent and, in turn, file proof of service regarding the same by April 8, 2021. Ordered by Judge LaShann DeArcy Hall on 04/08/2021. (Court Reporter David Roy.) (Williams, Erica)
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| Filing 10 NOTICE by Dennis Hoogendoorn of Affidavit of Foreign Law (Attachments: #1 Exhibit A, #2 Exhibit B) (Cullen, Stephen) |
| Filing 9 NOTICE of Appearance by Kelly Ann Powers on behalf of Dennis Hoogendoorn (notification declined or already on case) (Powers, Kelly) |
| Motions terminated: #6 MOTION to Expedite (Request to Expedite Proceedings Pursuant to Hague Convention) filed by Dennis Hoogendoorn. (Williams, Erica) |
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Filing 8
ORDER TO SHOW CAUSE: Plaintiff's motion #6 for an order to show cause is GRANTED. An order to show cause hearing and scheduling conference shall be held via videoconference before this Court on the 8th day of April, 2021, at 11 a.m., at which both Petitioner and Respondent shall appear. The public is directed to use the following conference line and dial-in information: 1-650-479-3207; access code 157 569 2779. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. Petitioner and respondent shall contact the chambers deputy for the link to the video conference platform. See attached order for additional details. Ordered by Judge LaShann DeArcy Hall on 3/31/2021. (Williams, Erica)
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| Filing 7 NOTICE of Appearance by Stephen J. Cullen on behalf of Dennis Hoogendoorn (notification declined or already on case) (Cullen, Stephen) |
| Filing 6 MOTION to Expedite (Request to Expedite Proceedings Pursuant to Hague Convention) by Dennis Hoogendoorn. (Attachments: #1 Proposed Order) (DuHoffmann, Jessica) |
| Filing 5 MOTION to Appear Pro Hac Vice (Kelly A. Powers) Filing fee $ 150, receipt number BNYEDC-14327734. by Dennis Hoogendoorn. (Attachments: #1 Exhibit A - Bar and Court Admission List, #2 Exhibit B - Certificates of Good Standing, #3 Exhibit C - Affidavit) (Powers, Kelly) |
| Filing 4 MOTION to Appear Pro Hac Vice (Stephen J. Cullen) Filing fee $ 150, receipt number ANYEDC-14327670. by Dennis Hoogendoorn. (Attachments: #1 Exhibit A - Bar and Court Admission List, #2 Exhibit B - Certificates of Good Standing, #3 Exhibit C - Affidavit) (Cullen, Stephen) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 2 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) |
| Case Assigned to Judge LaShann DeArcy Hall and Magistrate Judge Ramon E. Reyes, Jr. 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) |
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ORDER granting #4 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 3/31/2021. (Reyes, Ramon)
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ORDER granting #5 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 3/31/2021. (Reyes, Ramon)
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| Filing 1 COMPLAINT Verified Petition for Return of Children to Norway against Kristin Tonesen filing fee $ 402, receipt number BNYEDC-14324822 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Dennis Hoogendoorn. (Attachments: #1 Civil Cover Sheet) (DuHoffmann, Jessica) |
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| Petitioner: Dennis Hoogendoorn | |
| Represented By: | Jessica A DuHoffmann |
| Represented By: | Stephen J. Cullen |
| Represented By: | Kelly Ann Powers |
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| Respondent: Kristin Tonesen | |
| Represented By: | Michael Banuchis |
| Represented By: | Richard Min |
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