Shah v. Federbush
Petitioner: Nishita Shah
Respondent: Maxwell W. Federbush
Case Number: 1:2019cv04485
Filed: May 29, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Valerie E Caproni
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. § 1331 Fed. Question
Jury Demanded By: None
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Docket Report

This docket was last retrieved on February 12, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 12, 2020 Opinion or Order Filing 61 MANDATE of USCA (Certified Copy) as to #60 Notice of Appeal, filed by Nishita Shah. USCA Case Number 19-3713. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to FRAP 42. The stipulation is hereby "So Ordered".. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 02/12/2020..(nd)
November 6, 2019 Opinion or Order Filing 60 NOTICE OF APPEAL from #56 Memorandum & Opinion, #57 Clerk's Judgment,,. Document filed by Nishita Shah. Filing fee $ 505.00, receipt number BNYSDC-17905492. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Min, Richard)
November 6, 2019 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #60 Notice of Appeal. (tp)
November 6, 2019 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #60 Notice of Appeal, filed by Nishita Shah were transmitted to the U.S. Court of Appeals. (tp)
October 17, 2019 Opinion or Order Filing 59 Passports returned to Respondent Maxwell W. Federbush as per Judge Caproni's order dated 10/16/19 (Formerly sealed as ECF document #16). (rz)
October 16, 2019 Opinion or Order Filing 58 ORDER DIRECTING RETURN OF PASSPORTS TO RESPONDENT: 1. On June 6, 2019 the parties were were ordered to deposit the subject Child's passports with the Clerk of Court (Doc. #12). 2.Pursuant to the Order, Respondent deposited four (4) travel documents with the Clerk of Court. 3. On October 10, 2019, a judgment was entered in this matter denying Petitioner's petition (Doc. #57). 4. The Clerk of Court is hereby directed to release the travel documents deposited by Respondent in relation to this matter, to Respondent, Maxwell W. Federbush. So Ordered (Signed by Judge Valerie E. Caproni on 10/16/2019) (js) Transmission to Office of the Clerk of Court for processing.
October 10, 2019 Opinion or Order Filing 57 CLERK'S JUDGMENT re: #56 Memorandum & Opinion in favor of Maxwell W. Federbush against Nishita Shah. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated October 9, 2019, the petition is DENIED. All provisional remedies previously ordered by this Court are TERMINATED. See 22 U.S.C. 9004(a); Dkt. 12. Judgment is entered in favor of Respondent; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 10/10/2019) (Attachments: #1 Right to Appeal)(km)
October 10, 2019 Opinion or Order Terminate Transcript Deadlines (km)
October 9, 2019 Opinion or Order Filing 56 OPINION AND ORDER: For the foregoing reasons, the petition is DENIED. All provisional remedies previously ordered by this Court are TERMINATED. See 22 U.S.C. 9004(a); Dkt. 12. The Court respectfully directs the Clerk of the Court to enter judgment in favor of Respondent and close this case. SO ORDERED. (Signed by Judge Valerie E. Caproni on 10/09/2019) (ama) Transmission to Orders and Judgments Clerk for processing.
October 3, 2019 Opinion or Order Filing 55 LETTER addressed to Judge Valerie E. Caproni from Richard Min dated October 3, 2019 re: Response to ECF Doc. 53 and 54. Document filed by Nishita Shah.(Min, Richard)
September 26, 2019 Opinion or Order Filing 54 ORDER: granting #53 Letter Motion for Leave to File Document. IT IS HEREBY ORDERED that Petitioner must respond to Respondent's letter no later than October 3, 2019. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/26/2019) (ama)
September 26, 2019 Opinion or Order Filing 53 LETTER MOTION for Leave to File Letter addressed to Judge Valerie E. Caproni from Neil Saltzman dated 9/26/2019. Document filed by Maxwell W. Federbush.(Morley, Jeremy)
August 30, 2019 Opinion or Order Filing 52 POST TRIAL MEMORANDUM. Document filed by Nishita Shah.(Min, Richard)
August 30, 2019 Opinion or Order Filing 51 POST TRIAL MEMORANDUM. Document filed by Maxwell W. Federbush.(Saltzman, Neil)
August 29, 2019 Opinion or Order Filing 50 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a trial proceeding held on 8/14/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
August 29, 2019 Opinion or Order Filing 49 TRANSCRIPT of Proceedings re: trial held on 8/14/2019 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/19/2019. Redacted Transcript Deadline set for 9/30/2019. Release of Transcript Restriction set for 11/27/2019.(McGuirk, Kelly)
August 29, 2019 Opinion or Order Filing 48 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a trial proceeding held on 8/13/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
August 29, 2019 Opinion or Order Filing 47 TRANSCRIPT of Proceedings re: trial held on 8/13/2019 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/19/2019. Redacted Transcript Deadline set for 9/30/2019. Release of Transcript Restriction set for 11/27/2019.(McGuirk, Kelly)
August 29, 2019 Opinion or Order Filing 46 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a trial proceeding held on 8/12/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
August 29, 2019 Opinion or Order Filing 45 TRANSCRIPT of Proceedings re: trial held on 8/12/2019 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Samuel Mauro, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/19/2019. Redacted Transcript Deadline set for 9/30/2019. Release of Transcript Restriction set for 11/27/2019.(McGuirk, Kelly)
August 29, 2019 Opinion or Order Filing 44 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a trial proceeding held on 8/8/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
August 29, 2019 Opinion or Order Filing 43 TRANSCRIPT of Proceedings re: trial held on 8/8/2019 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/19/2019. Redacted Transcript Deadline set for 9/30/2019. Release of Transcript Restriction set for 11/27/2019.(McGuirk, Kelly)
August 29, 2019 Opinion or Order Filing 42 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a trial proceeding held on 8/7/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
August 29, 2019 Opinion or Order Filing 41 TRANSCRIPT of Proceedings re: trial held on 8/7/2019 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Raquel Robles, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/19/2019. Redacted Transcript Deadline set for 9/30/2019. Release of Transcript Restriction set for 11/27/2019.(McGuirk, Kelly)
August 26, 2019 Opinion or Order Filing 40 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Maxwell W. Federbush.(Saltzman, Neil)
August 26, 2019 Opinion or Order Filing 39 POST TRIAL MEMORANDUM. Document filed by Nishita Shah.(Min, Richard)
August 15, 2019 Opinion or Order Filing 38 ORDER terminating #34 Motion in Limine; terminating #36 Motion in Limine. IT IS HEREBY ORDERED that no later than August 26, 2019, the parties must submit proposed conclusions of law and findings of fact revised to account for the evidence admitted at trial. The proposed findings must be supported by specific citations to the trial transcript and exhibits. Although the Court declines to place a firm page limit on the parties' submissions, the Court notes that it would appreciate submissions of no more than twenty-five pages. IT IS FURTHER ORDERED that no later than August 30, 2019, each party may reply to the other's proposed conclusions of law and findings of fact. Any reply must be no longer than ten pages. The Clerk of Court is respectfully directed to terminate the open motions at Dkts. 34 and 36. SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/15/19) (yv)
August 14, 2019 Opinion or Order Minute Entry for proceedings held before Judge Valerie E. Caproni: Bench Trial completed on 8/14/2019. (anc)
August 13, 2019 Opinion or Order Minute Entry for proceedings held before Judge Valerie E. Caproni: Bench Trial held on 8/13/2019. (anc)
August 12, 2019 Opinion or Order Minute Entry for proceedings held before Judge Valerie E. Caproni: Bench Trial held on 8/12/2019. (anc)
August 8, 2019 Opinion or Order Minute Entry for proceedings held before Judge Valerie E. Caproni: Bench Trial held on 8/8/2019. (anc)
August 8, 2019 Opinion or Order Filing 37 MEMORANDUM OF LAW in Opposition re: #36 MOTION in Limine regarding joint therapy notes. . Document filed by Maxwell W. Federbush. (Saltzman, Neil)
August 7, 2019 Opinion or Order Minute Entry for proceedings held before Judge Valerie E. Caproni: Bench Trial begun on 8/7/2019. (anc)
August 7, 2019 Opinion or Order Filing 36 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION in Limine regarding joint therapy notes. Document filed by Nishita Shah.(Banuchis, Michael) Modified on 10/3/2019 (ldi).
August 6, 2019 Opinion or Order Filing 35 MEMORANDUM OF LAW in Opposition re: #34 FIRST MOTION in Limine to Preclude Settlement Negotiations pursuant to Rule 408. . Document filed by Maxwell W. Federbush. (Saltzman, Neil)
August 5, 2019 Opinion or Order Filing 34 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION in Limine to Preclude Settlement Negotiations pursuant to Rule 408. Document filed by Nishita Shah. (Attachments: #1 Memorandum of Law in Support)(Min, Richard) Modified on 10/1/2019 (ldi).
August 2, 2019 Opinion or Order Filing 33 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Maxwell W. Federbush.(Saltzman, Neil)
August 2, 2019 Opinion or Order Filing 32 WITNESS LIST. Document filed by Maxwell W. Federbush.(Saltzman, Neil)
August 2, 2019 Opinion or Order Filing 31 Exhibit List . Document filed by Maxwell W. Federbush.(Saltzman, Neil)
August 2, 2019 Opinion or Order Filing 30 PRETRIAL MEMORANDUM. Document filed by Nishita Shah.(Min, Richard)
August 2, 2019 Opinion or Order Filing 29 WITNESS LIST. Document filed by Nishita Shah.(Min, Richard)
August 2, 2019 Opinion or Order Filing 28 Exhibit List for Petitioner. Document filed by Nishita Shah.(Min, Richard)
August 2, 2019 Opinion or Order Filing 27 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Leave to File Order for Electronic Devices addressed to Judge Valerie E. Caproni from Richard Min dated August 2, 2019. Document filed by Nishita Shah. (Attachments: #1 Text of Proposed Order)(Min, Richard) Modified on 10/8/2019 (db).
July 26, 2019 Opinion or Order Filing 26 ORDER: IT IS HEREBY ORDERED as follows: Dr. Favaro's report remains due no later than July 31, 2019. Should Dr. Favaro wish to supplement his report based on collateral sources that are not available prior to that date, he must file any supplements no later than August 10, 2019. The parties are reminded that they must email Dr. Favaro's report(s) to caproninysdchambers@nysd.uscourts.gov. Trial is ADJOURNED to August 7, 2019, at 10:00 A.M. The trial will continue, as necessary, on August 8, 12, 13, and 14. The Court does not plan to conduct proceedings in this matter on August 9, 2019, but reserves the right to do so if it seems necessary to complete the hearing by August 14. On all days other than August 7, proceedings willcommence at 9:30 A.M. sharp. The parties must ensure that an interpreter (preferably one who has worked in a federal court previously) is available for any witness who does not speak and understand English. No later than August 2, 2019, the parties must contact the Court's deputy, Mr. Joe Pecorino, and the Court's IT department to arrange for videoconferencing technology (and any other technology the parties may require) to be setup in courtroom 443 in time for trial. The parties must ensure that they are familiar with any such technology and that it is functional when trial commences. The parties' pretrial submissions (as listed on page 3 of the order at Dkt. 20) are due nolater than August 2, 2019. SO ORDERED., ( Bench Trial set for 8/7/2019 at 10:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 7/26/2019) (ama)
July 24, 2019 Opinion or Order Filing 25 MEMO ENDORSEMENT: on re: #24 Letter filed by Maxwell W. Federbush. ENDORSEMENT: The Court will hold a telephonic conference at 3:00 P.M. on July 25, 2019. Petitioner's counsel must setup a conference call. No later than noon on July 25, he must email to chambers the dial-in number and any PIN. SO ORDERED., ( Telephone Conference set for 7/25/2019 at 03:00 PM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 7/24/2019) (ama)
July 24, 2019 Filing 24 LETTER addressed to Judge Valerie E. Caproni from Neil Saltzman dated 7/24/2019 re: scheduling. Document filed by Maxwell W. Federbush.(Saltzman, Neil)
July 1, 2019 Filing 23 LETTER addressed to Judge Valerie E. Caproni from Neil J Saltzman dated July 1 2019 re: Forensic Evaluation. Document filed by Maxwell W. Federbush. (Attachments: #1 Exhibit)(Saltzman, Neil)
June 28, 2019 Filing 22 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 6/5/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
June 28, 2019 Filing 21 TRANSCRIPT of Proceedings re: CONFERENCE held on 6/5/2019 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Samuel Mauro, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/19/2019. Redacted Transcript Deadline set for 7/29/2019. Release of Transcript Restriction set for 9/26/2019.(McGuirk, Kelly)
June 24, 2019 Opinion or Order Filing 20 ORDER re: #18 Pretrial Memorandum filed by Nishita Shah, #19 Brief filed by Maxwell W. Federbush. IT IS HEREBY ORDERED that the Court will not order that J.A.F. be appointed a guardian ad litem. IT IS FURTHER ORDERED that no later than July 1, 2019, a forensic child psychologist or equivalent professional must be retained to (a) conduct a psychological evaluation of J.A.F. regarding his degree of acclimatization to life in the United States and his level of maturity; (b) to prepare a report on those subjects; and (c) to testify at trial on the results of this evaluation, should either part of the Court so request. If Petitioner is genuinely unwilling to split with Respondent the cost of retaining such a professional, see Dkt. 18 at 23 ("Petitioner submits that it would be inequitable for her to pay fees toward professionals that [sic] are unnecessary to these proceedings."), then Respondent may select a professional of his choice, he will bear all the costs thereof, and Petitioner will not have any say in which professional Respondent retains. She may, however, if she chooses, retain her own professional, for which she will pay, to evaluate J.A.F. For J.A.F.'s sake, and to the extent the parties have any interest in minimizing cost, the Court encourages the parties to meet and confer in a good-faith attempt to agree on a single suitable professional to examine J.A.F. and then to split the cost thereof. No later than July 1, 2019, any party that retains a professional must inform the Court of the professional's name, contact information, and, if possible, curriculum vitae via letter filed on ECF. IT IS FURTHER ORDERED that no later than July 31, 2019, each professional's report must be served on all parties and filed with the Court via email to caproninysdchambers@nysd.uscourts.gov. (The Court will resolve at trial whether any reports will be filed publicly or under seal.) IT IS FURTHER ORDERED that no later than July 31, 2019, each party must file on ECF and provide the Court with courtesy copies of (consistent with Rule 7(E) of the undersigned's Individual Practices in Civil Cases): 1. A list of witnesses that party intends to call at the hearing, along with a brief summary of each witness's anticipated testimony, as required by Rule 7(A)(x) of the undersigned's Individual Practices; 2. A pre- marked copy of any documents or other exhibits that the party intends to introduce at the hearing, in the format described in Rule 7(D) of the undersigned's Individual Practices; 3. A list of any documents or other exhibits the party intends to introduce at trial, in the format described in Rule 7(A)(xii) of the undersigneds Individual Practices; and 4. Proposed findings of fact and conclusions of law, as required by Rule 7(C)(ii) of the undersigned's Individual Practices. IT IS FURTHER ORDERED that if any party intends to call a witness who does not speak and understand English, that party must retain, at its own cost, an interpreter preferably a court- certified one and ensure that the interpreter is present at trial. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/24/2019) (rj)
June 24, 2019 Set/Reset Deadlines: Exhibit List due by 7/31/2019. (rj)
June 19, 2019 Filing 19 COUNTER BRIEF re: #18 Pretrial Memorandum re: Forensic Evaluation. Document filed by Maxwell W. Federbush.(Saltzman, Neil)
June 12, 2019 Filing 18 PRETRIAL MEMORANDUM. Document filed by Nishita Shah.(Min, Richard)
June 11, 2019 Opinion or Order Filing 17 ORDER: denying without prejudice #15 Motion to Seal Document. Application DENIED without prejudice. Petitioner's letter fails to "explain why sealing is appropriate in light of the presumption of access discussed by the Second Circuit in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 11920 (2d Cir. 2006)," as Rule 5.A of the undersigned's Individual Practices require. Petitioner is free to renew her request, but she must comply with the Court's Individual Practices. The parties are also warned that the Court is unlikely to seal this matter entirely, both in light of the robust presumption of access that Lugosch articulates and because (a) the child's name has already been initialized, (b) Petitioner filed this action, which has been pending since May 29, 2019, without requesting in the first instance that it be entirely sealed or that she and Respondent be permitted to proceed either under a pseudonym or with their names initialized, and (c) matters of peculiar sensitivity--like testimony by the child or evidence concerning the results of any psychiatric examination of him--may be sealed on a much more particularized basis. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/10/2019) (ama) Transmission to Sealed Records Clerk for processing.
June 10, 2019 Filing 16 SEALED DOCUMENT placed in vault.(mhe)
June 10, 2019 Filing 15 JOINT LETTER MOTION to Seal Document and Case addressed to Judge Valerie E. Caproni from Richard Min dated June 10, 2019. Document filed by Nishita Shah.(Min, Richard)
June 10, 2019 Opinion or Order Filing 14 MEMO ENDORSEMENT on re: #13 Letter filed by Maxwell W. Federbush. ENDORSEMENT: The child's passports and travel documents must be deposited with the Clerk of Court pursuant to the order [Dkt. 12] no later than 5:00 P.M. on June 10, 2019. The parties are reminded that they must read the text of this Court's orders - not just the docketing clerk's ECF summary of the order, which is provided merely as a courtesy and is frequently incomplete - and that failure to do so is inexcusable. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/7/2019) (anc)
June 7, 2019 Filing 13 LETTER addressed to Judge Valerie E. Caproni from Neil J. Saltzman dated 07/7/2019 re: Deposit of Passports. Document filed by Maxwell W. Federbush.(Saltzman, Neil)
June 6, 2019 Opinion or Order Filing 12 ORDER: IT IS HEREBY ORDERED, pursuant to 22 U.S.C. 9004(a), as follows: 1. Unless and until this Court orders otherwise, J.A.F. may not travel outside the Southern or Eastern Districts of New York. Neither party may remove J.A.F. or cause him to be removed from these districts without an order from this Court. 2. For reasons discussed at the hearing, Petitioners request for an order permitting her to take J.A.F. to Thailand for part of his summer vacation pending the final disposition of this petition, see Dkt. 1 at 9-10, is DENIED. 3. Petitioner shall have custody of J.A.F. from June 5, 2019 through the afternoon of June 7, 2019, at which time Respondent shall take custody of him. Petitioner shall retake custody the morning of June 12, 2019. Respondent shall retake custody the morning of June 19, 2019. 5. The parties are PROHIBITED from seeking, requesting, or applying for passports or travel documents for J.A.F. from any government or other authority.IT IS FURTHER ORDERED that: 1. No later than June 12, 2019, Petitioner must file a brief in opposition to Respondent's request for a forensic psychiatric examination of J.A.F. Respondent must file a reply brief in support of his request no later than June 19, 2019. 3. The parties shall appear for trial on the Petition on August 5, 2019, at 10:00 a.m. (And as further set forth in this Order.) SO ORDERED. (Responses due by 6/12/2019, Replies due by 6/19/2019., Bench Trial set for 8/5/2019 at 10:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 6/6/2019) (jca)
June 6, 2019 Filing 11 NOTICE OF APPEARANCE by Michael Banuchis on behalf of Nishita Shah. (Banuchis, Michael)
June 5, 2019 Minute Entry for proceedings held before Judge Valerie E. Caproni: Show Cause Hearing on Petition (Dkt. 1) held on 6/5/2019. Provisional remedies granted in part and denied in part. Oral Ruling. See Transcript. Trial set for 8/5/2019, at 10:000 a.m. Order to follow. (jp)
June 5, 2019 Filing 10 RESPONSE to #1 Petition (Other). Document filed by Maxwell W. Federbush. (Attachments: #1 Exhibit letter 10.9.18, #2 Exhibit signed stipulation)(Saltzman, Neil)
June 5, 2019 ***NOTICE TO ATTORNEY REGARDING REJECTION OF PROPOSED ORDER TO BRING PERSONAL ELECTRONIC DEVICE(S) OR GENERAL PURPOSE COMPUTING DEVICE(S) INTO THE COURTHOUSES OF THE SDNY FOR USE IN A PROCEEDING OR TRIAL. Notice to Attorney Neil Saltzman re: Document #9 Proposed Order was rejected by the Clerk's Office for the following reason, the Order to Bring Personal Electronic Device(s) or General Purpose Computing Device(s) Into the Courthouses of the SDNY for Use in a Proceeding or Trial should not be electronically filed. Please download and review the Local Rules, Judge's Individual Rules of Practice and ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (km)
June 4, 2019 Filing 9 PROPOSED ORDER. Document filed by Maxwell W. Federbush. (Attachments: #1 Text of Proposed Order) (Saltzman, Neil) Proposed Order to be reviewed by Clerk's Office staff.
June 4, 2019 Filing 8 NOTICE OF APPEARANCE by Neil Joshua Saltzman on behalf of Maxwell W. Federbush. (Saltzman, Neil)
June 4, 2019 Filing 7 NOTICE OF APPEARANCE by Marilyn Beth Chinitz on behalf of Nishita Shah. (Chinitz, Marilyn)
June 4, 2019 Filing 6 LETTER MOTION for Leave to File Order for Electronic Devices addressed to Judge Valerie E. Caproni from Richard Min dated 6/4/19. Document filed by Nishita Shah. (Attachments: #1 Text of Proposed Order)(Min, Richard)
June 4, 2019 Filing 5 NOTICE OF APPEARANCE by Jeremy David Morley on behalf of Maxwell W. Federbush. (Morley, Jeremy)
June 3, 2019 Filing 4 NOTICE OF APPEARANCE by Robert David Arenstein on behalf of Nishita Shah. (Arenstein, Robert)
May 30, 2019 ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Richard Min for noncompliance with Section 14.2 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #2 Civil Cover Sheet, #1 Petition (Other) to: caseopenings@nysd.uscourts.gov. (pne)
May 29, 2019 Opinion or Order Filing 3 ORDER TO SHOW CAUSE: It is hereby ORDERED that Respondent, Maxwell W. Federbush, or his attorneys, show cause before this Court, at the United States Courthouse, United States District Court for the Southern District of New York, located at 40 Foley Square, New York, New York, Room 443 on the 5th day of June, 2019 at 2 o'clock in the afternoon thereafter, or as soon thereafter as counsel can be heard, why an order should not be made and entered granting the Petitioner the following relief: as further set forth in this Order. ORDERED that personal service of a copy of this Order, together with the copies of the papers upon which it was brought on Respondent before the 30th day of May, 2019, shall be deemed sufficient. Show Cause Hearing set for 6/5/2019 at 02:00 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Alison J. Nathan, Part One on 5/29/2019) (kv)
May 29, 2019 Filing 2 CIVIL COVER SHEET filed. (pne) (pc).
May 29, 2019 Filing 1 PETITION FOR RETURN OF THE CHILD TO PETITIONER. (Filing Fee $ 400.00, Receipt Number 465401236454).Document filed by Nishita Shah.(pne) (Additional attachment(s) added on 6/5/2019: #1 Ex A, #2 Ex B, #3 Ex C, #4 Ex D, #5 Ex E) (pc).
May 29, 2019 Case Designated ECF. (pne)
May 29, 2019 Magistrate Judge Henry B. Pitman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pne)

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Respondent: Maxwell W. Federbush
Represented By: Neil Joshua Saltzman
Represented By: Jeremy David Morley
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Petitioner: Nishita Shah
Represented By: Richard Min
Represented By: Michael Banuchis
Represented By: Marilyn Beth Chinitz
Represented By: Robert David Arenstein
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