Johnson v. Johnson
| James H. Johnson, III |
| Kristina L. Johnson |
| James Johnson |
| 1:2011cv00037 |
| January 4, 2011 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of U.S. |
| Richard M Berman |
| Civil Rights: Other |
| 42 U.S.C. § 11601 International Child Abduction Remedies Act |
| None |
Docket Report
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| Filing 35 LETTER addressed to Judge Richard M. Berman from James Alexander Burke dated 2/8/2011 re: We are in receipt of the letter of Petitioner's counsel advising the Court that the airline flight of Petitioner, James H. Johnson, III, from Venice Italy has been cancelled. Document filed by Kristina L. Johnson. (Docketed as per direction of Chambers.) (sac) |
| Filing 34 LETTER addressed to Judge Richard M. Berman from Dana M. Loiacono dated 1/21/2011 re: We are in receipt of Mr. Steinberger's 1/18/2011 letter to Your Honor. Document filed by Kristina L. Johnson. (Docketed as per direction of Chambers.) (sac) |
| Filing 33 LETTER addressed to Judge Richard M. Berman from Marco P. Tedesco, Division Chief, Outreach and Compliance dated 1/10/2011 re: It has come to our attention that you may currently have a case in your court which has been brought pursuant to the 1980 Hague Convention on the Civil Aspect of International child Abduction. As the U.S. Central Authority for the Convention, our office is bound to help facilitate the institution of judicial proceedings brought under the convention. Please note that this letter should not be construed by the court as constituting an opinion of the United States or the Department of State regarding the merits of the case. (Docketed as per direction of Chambers.)(sac) |
Filing 32
ORDER: The Court directs the Petitioner, forthwith to reimburse the court appointed law guardian, Dawn Cardi, for her legal services and expenses in the amount of $5,862.50, pursuant to 42 U.S.C. 11607(b)(2). The funds should be remitted to Dawn Cardi at 2 Park Avenue, 19th floor, New York, New York 10016 by August 25, 2011. (Signed by Judge Richard M. Berman on 8/11/2011) (ab)
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| ***DELETED DOCUMENT. Deleted document number #32 transcript. The document was incorrectly filed in this case. (tro) |
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Filing 31
DECISION & ORDER (FOLLOWING TRIAL): For reasons further set forth in said Order, the Petition is denied and the case is dismissed. The Clerk of the Court is respectfully requested to close this case (Signed by Judge Richard M. Berman on 2/10/11) (db)
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Filing 30
ENDORSED LETTER addressed to Judge Richard M. Berman from Chaim Steinberger dated 2/8/2011 re: We represent Colonel James H. Johnson, III, Petitioner in the above-referenced matter, scheduled for trial tomorrow morning at 10:30 a.m. I write to advise the Court of the unexpected weather conditions in Venice, Italy, which make it impossible for the Colonel to arrive by tomorrow morning. ENDORSEMENT: The trial will proceed tomorrow, as scheduled. It is the petitioners obligation to prosecute his case once he has involved the Courts jurisdiction. Counsel should also forthwith present to the Court petitioners application to the military, if any, to attend the trial and any orders relating thereto. Petitioners is also responsible for any appearance by video of himself and any of his witnesses. SO ORDERED (Signed by Judge Richard M. Berman on 2/8/2011) (jmi) Modified on 2/9/2011 (jmi).
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| Filing 29 STIPULATION: IT IS HEREBY STIPULATED by and between the parties, by their respective counsel undersigned hereto that the purposes of these proceedings it is deemed established that: Petitioner, had rights of custody under applicable law over the parties' son, JJ, at or about the time of his removal from Vicenza, Italy on 11/6/10. Those rights of custody were actually being exercised, or would have been so exercised but for the removal of JJ from Vicenza, Italy. Document filed by James H. Johnson, III, Kristina L. Johnson.***Accepted for filing by Chambers.(mro) |
| Filing 28 Objection Pursuant To Rule 26(a)(3)(B). Document filed by Kristina L. Johnson. (Burke, James) |
| Filing 27 AFFIDAVIT of Roberta Ceschini in Opposition. Document filed by Kristina L. Johnson. (Burke, James) |
| Filing 26 AFFIDAVIT of Erik O. Daiga in Opposition. Document filed by Kristina L. Johnson. (Burke, James) |
| Filing 25 AFFIDAVIT of Mallory Wyatt in Opposition. Document filed by Kristina L. Johnson. (Burke, James) |
| Filing 24 AFFIDAVIT of Kelly Thames in Opposition. Document filed by Kristina L. Johnson. (Burke, James) |
| Filing 23 AFFIDAVIT of Kristina L. Johnson in Opposition. Document filed by Kristina L. Johnson. (Attachments: #1 Exhibit A-E, #2 Exhibit F-L, #3 Exhibit M-O, #4 Exhibit P1, #5 Exhibit P2, #6 Exhibit Q-U)(Burke, James) |
| Filing 22 AFFIDAVIT of Avv. Andrea Russo. Document filed by James H. Johnson, III. (Steinberger, Chaim) |
| Filing 21 AFFIDAVIT of Lt. Gen. James H. Johnson, Jr. (ret.). Document filed by James H. Johnson, III. (Attachments: #1 Exhibit 5, #2 Exhibit 24)(Steinberger, Chaim) |
| Filing 20 AFFIDAVIT of Col. James H. Johnson, III. Document filed by James H. Johnson, III. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3A, #4 Exhibit Exhibit 3B, #5 Exhibit Exhibit 4, #6 Exhibit Exhibit 5, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 8A, #10 Exhibit Exhibit 8B, #11 Exhibit Exhibit 8C, #12 Exhibit Exhibit 8D, #13 Exhibit Exhibit 8E, #14 Exhibit Exhibit 9, #15 Exhibit Exhibit 12, #16 Exhibit Exhibit 14, #17 Exhibit Exhibit 18, #18 Exhibit Exhibit 19, #19 Exhibit Exhibit 20, #20 Exhibit Exhibit 21, #21 Exhibit Exhibit 23, #22 Exhibit Exhibit 24)(Steinberger, Chaim) |
| Filing 19 ENDORSED LETTER addressed to Judge Richard M. Berman from Chaim Steinberger dated 2/3/11 re: The proposition that an attorney for the child is not a neutral advisor to the Court, but rather a partisan advocate. ENDORSEMENT: Ms. Cordi and respondent's counsel are free to respond (or not) to this letter on or before 2/7/11 @ noon. With respect to the issue(s) presented in this (Federal) case, the Court plans to review the entire record) with record to speak with JJ in camera (on the record) with Ms. Cordi present and to analyze applicable law. Hopefully, all of that will yield a fair and just result. (Signed by Judge Richard M. Berman on 2/4/11) (cd) |
| Minute Entry for proceedings held before Judge Richard M. Berman: Status Conference held on 2/3/2011. Bench trial scheduled for 2/9/11. Court will hold in camera conference with minor child and law guardian prior to the bench trial. Counsel may submit proposed questions to the Court by Friday 2/4/11 at noon. Two of respondent's witnesses may appear by video conference. Counsel to make necessary arrangements. (mro) |
| Filing 18 TRIAL BRIEF. Document filed by James Johnson.(Cardi, Dawn) |
| Filing 17 PRETRIAL MEMORANDUM. Document filed by James H. Johnson, III.(Steinberger, Chaim) |
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Filing 16
ADMINISTRATIVE ORDER: The Clerk of Court is respectfully requested to remove the Affidavit of JJ (a minor child), dated January 26, 2011 [# 12 ] from the docket. (Signed by Judge Richard M. Berman on 1/31/2011) (lnl)
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Filing 15
ADMINISTRATIVE ORDER: All exhibits must be served and filed by February 2, 2011 (if they have not already been). All witnesses must be present at the hearing; otherwise their affidavits will not be relied upon (and even then are subject to relevance, etc.). Petitioner may submit up to five additional pages of legal memorandum by February 2, 2011. Cross examination of witnesses at the hearing is limited to 15-20 minutes per witness. Any re-direct at the hearing is limited to 5-10 minutes. A (telephonic) pre-hearing conference is scheduled for Thursday, February 3, 2011, at 10:30 a.m; counsel are instructed to (jointly) telephone chambers five minutes prior to the conference. The Parties are also directed to the Court's rules re: motions, etc. Going forward, no applications will be entertained which are not in accordance with those rules. (Signed by Judge Richard M. Berman on 1/28/2011) (jfe)
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| Filing 14 TRIAL MEMORANDUM. Document filed by James Johnson.(Cardi, Dawn) |
| Filing 13 PRETRIAL MEMORANDUM. Document filed by James H. Johnson, III.(Steinberger, Chaim) |
| ***DELETED DOCUMENT. Deleted document number 12 TRIAL BRIEF. The document was incorrectly filed in this case. (lnl) |
| Filing 11 ENDORSED LETTER addressed to Judge Richard M. Berman from James Alexander Burke dated 1/25/2011 re: Requesting that the Court grant Respondent one week extension to February 2, 2011, to submit Colonel Daiga's affidavit of direct testimony in this matter. ENDORSEMENT: Application Granted without the Court ruling on admissibility, relevance, etc at this time. (Signed by Judge Richard M. Berman on 1/26/2011) (jpo) |
| Filing 10 TRIAL MEMORANDUM. Document filed by Kristina L. Johnson. (Attachments: #1 Exhibit A, B, C, D)(Burke, James) |
| Filing 9 Letter addressed to Judge Richard M. Berman from Chaim Steinberger dated 1/18/11 re: At this time, counsel for the petitioner declines to request that the Court enter an interim parenting time order. Document filed by James H. Johnson, III.(mro) |
| Filing 8 ANSWER to Complaint. Document filed by Kristina L. Johnson.(Burke, James) |
| Filing 7 SEALED DOCUMENT placed in vault.(nm) |
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Filing 6
ADMINISTRATIVE ORDER: Dawn Cardi, Esq., attorney for JJ, may submit a memorandum by Monday, January 31, 2011 at 5:00 pm, including, without limitation, any appropriate discussion of any defenses under Article 13 of the Hague Convention. See Matovski v. Matovski, No. 06 Civ. 4259, 2007 WL 2600862, at *9 (S.D.N.Y. Aug. 31,2007). (Signed by Judge Richard M. Berman on 1/19/11) (db)
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| Filing 5 SEALED DOCUMENT placed in vault.(cb) |
| Filing 4 MEMORANDUM OF LAW in Support re: #1 Petition (Other). Document filed by James H. Johnson, III. (Steinberger, Chaim) |
| Filing 3 ACKNOWLEDGMENT OF SERVICE. Kristina L. Johnson served on 1/4/2011, answer due 1/25/2011. Service was accepted by Dana M. Loiacono, respondent's attorney. Document filed by James H. Johnson, III. (Steinberger, Chaim) |
| ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Chaim T. Steinberger for noncompliance with Section (14.3) of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #1 Petition (Other) to: case_openings@nysd.uscourts.gov. (mro) |
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Filing 2
ORDER, that counsel for both parties shall appear before this Court, Courtroom 21B, United States Courthouse, 500 Pearl Street, in the City, County and State of New York, on the 13the day of January, 2011, at 3:00 p.m. for a conference regarding petitioner's application for the return of the subject child, JJ, born 1996, to Italy, his alleged state of habitual residence, pursuant to articles 11 and 12 of the Hague Convention on the Civil Aspects of International Child Abduction, T.I.A.S. No. 11670, S. Treaty Doc. No. 99-11 (the "Convention"), and pursuant to 42 U.S.C. 11607(b)(3), and it is further ORDERED that Respondent is hereby ORDERED TO APPEAR with the minor child, the subject of these proceedings, on the 13 day of January at 3:00 pm in the afternoon thereof, in the Courtroom of the Honorable Judge Richard M. Berman, Room 21B, United States Courthouse, 500 Pearl Street, in the City, County and State of New York, (at which time a law guardian may be appointed), and it is further ORDERED that, sufficient cause appearing and pending determination of the merits of the Petition herein and further order of this Court, pursuant to article 16 of the Convention and Fed.R.Civ.P. 65, parties are hereby enjoined from proceeding in any action in any other U.S. (or state) Court to obtain or enforce any Order of custody. (See ORDER as set forth) (Status Conference set for 1/13/2011 at 03:00 PM in Courtroom 21B, 500 Pearl Street, New York, NY 10007 before Judge Richard M. Berman) (Signed by Judge Richard M. Berman on 1/5/2011) (lnl)
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| Filing 1 HAGUE CONVENTION PETITION (Filing Fee $ 350.00, Receipt Number 924935).Document filed by James H. Johnson, III.(mro) (rdz). |
| SUMMONS ISSUED as to Kristina L. Johnson. (mro) |
| Case Designated ECF. (mro) |
| Magistrate Judge James L. Cott is so designated. (mro) |
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