Duran-Peralta v. Luna

Duran-Peralta v. Luna

Plaintiff:	Juana Livia Duran-Peralta
Defendant:	Johnny Antonio Luna
Case Number:	1:2016cv07939
Filed:	October 11, 2016
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	New York
Presiding Judge:	Jed S. Rakoff
Nature of Suit:	Other Statutory Actions
Cause of Action:	42 U.S.C. § 11601
Jury Demanded By:	None

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Date Filed	Document Text
December 22, 2017	Filing 50 OPINION AND ORDER re: 30 MOTION for Summary Judgment . filed by Juana Livia Duran-Peralta, 33 MOTION to Stay briefing of summary judgment pending completion of discovery schedule. filed by Johnny Antonio Luna. The petit ion is granted and the Court orders that IM be returned to the Dominican Republic forthwith. Petitioner seeks costs pursuant to 22 U.S.C. § 9007(b) (3), which provides that "[a]ny court ordering the return of a child pursuant to an action b rought under [ICARA] shall order the respondent to pay necessary expenses incurred by or on behalf of the petitioner, including court costs, legal fees, foster home or other care during the course of proceedings in the action, and transportation cost s related to the return of the child, unless the respondent establishes that such order would be clearly inappropriate." The parties are directed to Jointly convene a call to chambers by no later than December 29, 2017 to establish a briefing schedule for the issue of costs. SO ORDERED. (Signed by Judge Jed S. Rakoff on 12/22/17) (yv)

Date Filed

Document Text

December 22, 2017

Filing 50 OPINION AND ORDER re: 30 MOTION for Summary Judgment . filed by Juana Livia Duran-Peralta, 33 MOTION to Stay briefing of summary judgment pending completion of discovery schedule. filed by Johnny Antonio Luna. The petit ion is granted and the Court orders that IM be returned to the Dominican Republic forthwith. Petitioner seeks costs pursuant to 22 U.S.C. § 9007(b) (3), which provides that "[a]ny court ordering the return of a child pursuant to an action b rought under [ICARA] shall order the respondent to pay necessary expenses incurred by or on behalf of the petitioner, including court costs, legal fees, foster home or other care during the course of proceedings in the action, and transportation cost s related to the return of the child, unless the respondent establishes that such order would be clearly inappropriate." The parties are directed to Jointly convene a call to chambers by no later than December 29, 2017 to establish a briefing schedule for the issue of costs. SO ORDERED. (Signed by Judge Jed S. Rakoff on 12/22/17) (yv)

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Plaintiff: Juana Livia Duran-Peralta
Represented By:	Frederick L. Whitmer
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Defendant: Johnny Antonio Luna
Represented By:	Valerie K. Ferrier
Represented By:	Nolan Keith Klein
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