Mosoni v. Louie

Mosoni v. Louie

Petitioner:	Carlo Mosoni
Respondent:	Angie Louie
Case Number:	1:2021cv05638
Filed:	June 29, 2021
Court:	US District Court for the Southern District of New York
Presiding Judge:	Jed S Rakoff
Nature of Suit:	Other Statutory Actions
Cause of Action:	42 U.S.C. § 11601 International Child Abduction Remedies Act
Jury Demanded By:	None

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Docket Report

This docket was last retrieved on August 2, 2021. A more recent docket listing may be available from PACER.

Date Filed	Document Text
August 2, 2021	Per D.E. #22, passports previously filed in D.E. #15 were retrieved by Carlo Mosoni on August 2, 2021..(dn)
July 30, 2021	Filing 23 CONSENT ORDER: It is therefore this 30th day of July, 2021, by the United States District Court for the Southern District of New York, hereby ORDERED: 1. The Petitioner, Carlo Mosoni (the "Father") and the Respondent, Angie Louie (the "Mother"), have reached an agreement with respect to the resolution of this Hague Convention case, and the arrangements for the parties' two children, EM, born in 2014, and OM, born in 2016, ( collectively the "children"). 2. The terms of the parties' agreement, which concerns a global settlement of all issues concerning the parties' marriage and children, including custody and support, has been executed by the parties and shall be entered forthwith by consent in the appropriate New York state court. 3. By agreement of the parties, this action is hereby DISMISSED WITH PREJUDICE. 4. By agreement of the parties, each party shall pay his or her own attorneys' fees, suit money, expenses, and costs associated with this matter, and each party waives any and all claims against the other under the Hague Convention and/or ICARA, and/or the Federal Rules and/or this Court's Local Rules, for any and all necessary expenses and attorneys' fees, through and including the entry of this Consent Order in the New York state court. 5. The final pretrial conference scheduled for August 12, 2021 and the three-day evidentiary hearing scheduled for August 16-18, 2021 are hereby VACATED and removed from the Court's docket. 6. This Order is not a determination of the merits of any custody issues within the meaning of Article 19 of the Hague Convention. IT IS SO ORDERED (Signed by Judge Jed S. Rakoff on 7/30/2021) (rj)
July 30, 2021	Filing 22 STIPULATION: This Stipulation is made with the express consent and agreement of both parties, as evidenced by the signatures of the parties' respective counsel. The parties stipulate as follows: 1. The Petitioner, Carlo Mosoni (the "Father") and the Respondent, Angie Louie (the "Mother"), have reached a settlement in this proceeding and an agreement with respect to releasing the subject children's (the Children's) passports which are currently being held by the Court. 2. The Children's passports shall be released directly to the Father on July 30, 2021. 3. The Father shall be permitted to retrieve the Children's passports from the Court on July 30, 2021. 4. On July 28, 2021, the parties executed a consent order resolving the instant proceeding in full. The consent order shall be filed simultaneously with this stipulation. IT IS SO ORDERED. (Signed by Judge Jed S. Rakoff on 7/30/2021) (rj)
July 29, 2021	Filing 21 PROPOSED STIPULATION AND ORDER. Document filed by Carlo Mosoni..(Min, Richard)
July 29, 2021	Filing 20 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - PROPOSED ORDER. Document filed by Carlo Mosoni..(Min, Richard) Proposed Order to be reviewed by Clerk's Office staff. Modified on 7/29/2021 (dt).
July 29, 2021	Filing 19 PROPOSED CONSENT ORDER. Document filed by Carlo Mosoni..(Min, Richard)
July 29, 2021	***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Min, Richard to RE-FILE Document #20 Proposed Order. ERROR(S): Title of Document is Wrong, and Attorneys did not sign (ink signatures). Change Title of Document to Stipulation and Order, have attorneys sign (ink signatures) then Re-file using the event type Proposed Stipulation and Order found under the event list Proposed Orders. (dt)
July 16, 2021	Filing 18 STIPULATION. The parties stipulate as follows: The children shall be with the Father overnight from July 21, 2021 after E.M.'s hospital appointment until July 24, 2021 at 9:00 a.m., at which time the Father shall return the children to the Mother's home. The children shall be with the Father overnight from July 29, 2021 at the conclusion of camp through August 1, 2019 in the evening before the Father leaves for the airport, at which time the Father shall return the children to the Mother's home. The children shall be with the Father on July 20, 2021 at the conclusion of camp until 7:30 p.m. when the Father shall return the children to the Mother's home. The children shall be with the Father on any and all other mutually agreed daytime periods outside the children's camp hours, which shall not include July 24, 2021 after drop off at the Mother's home, and shall not include July 25, 2021 (the Mother's birthday).IT IS SO ORDERED. (Signed by Judge Jed S. Rakoff on 7/16/21) (yv)
July 16, 2021	Filing 17 RESPONSE to #1 Petition (Other). Document filed by Angie Louie..(Powers, Kelly)
July 16, 2021	Filing 16 PROPOSED STIPULATION AND ORDER. Document filed by Angie Louie..(Powers, Kelly)
July 12, 2021	Filing 15 SEALED DOCUMENT placed in vault.(nmo)
July 9, 2021	Filing 14 ORDER re: #9 Notice (Other) filed by Angie Louie. The Court has also considered Petitioner's requests for preliminary relief, pending resolution of petition for return on the merits. Pursuant to the Court's authority under ICARA to order any necessary measures to protect the Children's well-being or to prevent further removal or concealment pending final disposition of the petition for return, see 22 U.S.C. 9004(a), the Court orders the following preliminary relief: Respondent shall surrender to the Court any and all passports belonging to the Children, to be held for safekeeping by the Clerk of Court pending resolution on the merits of the petition for return. Neither party shall remove or cause the removal of the Children from New York City, pending resolution on the merits of the petition for return. The Court denies Petitioner's request for 1 costs and expenses as premature. See 22 U.S.C. 9007 (b) (3). SO ORDERED. (Signed by Judge Jed S. Rakoff on 7/9/2021) (kv)
July 9, 2021	Filing 13 SCHEDULING ORDER: IT IS ORDERED: Except for depositions which shall be completed by 8/13/2021. The parties shall file their proposed Evidentiary Hearing Witness Lists and Exhibit Lists on 8/10/2021 at 12:00 noon. Deposition due by 8/13/2021. Discovery due by 8/6/2021. Telephone Conference set for 8/12/2021 at 03:30 PM before Judge Jed S. Rakoff. Pretrial Order due by 8/10/2021. (Signed by Judge Jed S. Rakoff on 7/9/2021) (kv)
July 9, 2021	Filing 12 ORDER FOR ADMISSION PRO HAC VICE granting #11 Motion for Kelly Ann Powers to Appear Pro Hac Vice. IT IS HEREBY ORDERED, that the Applicant is admitted to practice Pro Hac Vice in the above captioned action in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing the discipline of attorneys.. (Signed by Judge Jed S. Rakoff on 7/9/2021) (kv)
July 9, 2021	Minute Entry for proceedings held before Judge Jed S. Rakoff: Show Cause Hearing held on 7/9/2021, ( Evidentiary Hearing set for 8/16/2021 at 09:00 AM before Judge Jed S. Rakoff., Telephone Conference set for 8/12/2021 at 03:30 PM before Judge Jed S. Rakoff.). (Kotowski, Linda)
July 9, 2021	>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #11 MOTION for Kelly Ann Powers to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
July 9, 2021	Set/Reset Hearings: Evidentiary Hearing set for 8/16/2021 at 09:00 AM before Judge Jed S. Rakoff. (kv)
July 8, 2021	Filing 11 MOTION for Kelly Ann Powers to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Angie Louie. (Attachments: #1 Exhibit A - Bar and Court Admission List, #2 Exhibit B - Certificates of Good Standing, #3 Exhibit C - Rule 1.3 Affidavit, #4 Text of Proposed Order).(Powers, Kelly)
July 7, 2021	Filing 10 NOTICE OF APPEARANCE by Brett Scott Ward on behalf of Carlo Mosoni..(Ward, Brett)
July 6, 2021	Minute Entry for proceedings held before Judge Jed S. Rakoff:. Show Cause Hearing set for 7/9/2021 at 02:00 PM before Judge Jed S. Rakoff in courtroom 14B of the Moynihan Courthouse. (Kotowski, Linda)
July 6, 2021	Filing 9 NOTICE of Preliminary Response to Show Cause Order re: #5 Order to Show Cause,,,. Document filed by Angie Louie. (Attachments: #1 Text of Proposed Order (Proposed Scheduling Order)).(duHoffmann, Jessica)
July 6, 2021	Filing 8 NOTICE OF APPEARANCE by Jessica A. duHoffmann on behalf of Angie Louie..(duHoffmann, Jessica)
July 6, 2021	Filing 7 MOTION for Stephen John Cullen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24755718. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Angie Louie. (Attachments: #1 Exhibit A - Bar and Court Admission List, #2 Exhibit B - Certificates of Good Standing, #3 Exhibit C - Rule 1.3 Affidavit, #4 Text of Proposed Order).(Cullen, Stephen)
July 6, 2021	Filing 6 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Kelly Ann Powers to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24755595. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Angie Louie. (Attachments: #1 Exhibit A - Bar and Court Admission List, #2 Exhibit B - Certificates of Good Standing, #3 Exhibit C - Rule 1.3 Affidavit, #4 Text of Proposed Order).(Powers, Kelly) Modified on 7/6/2021 (wb).
July 6, 2021	>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #7 MOTION for Stephen John Cullen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24755718. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
July 6, 2021	>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #6 MOTION for Kelly Ann Powers to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24755595. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Virginia;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)
July 1, 2021	Filing 5 THE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION, DONE AT THE HAGHE ON OCTOBER 25, 1980; INTERNATIONAL CHILD ABDUCTION REMEDIES ACT, 22 U.S.C. 9001 et seq: ORDERED that Respondent, Angie Louie, or her attorneys, show cause before this Court, at the United States Courthouse, United States District Court for the Southern District of New York, located at 500 Pearl Street in Courtroom 14B, New York on the 9th Day of July, 2021 at 2 o'clock. 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 6th day of July, 2021, shall be deemed sufficient. Show Cause Hearing set for 7/9/2021 at 02:00 PM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff. (Signed by Judge Jed S. Rakoff on 7/01/2021) (ama)
June 30, 2021	Filing 4 MOTION to Expedite Request to Expedite Hague Proceedings. Document filed by Carlo Mosoni. (Attachments: #1 Text of Proposed Order).(Min, Richard)
June 30, 2021	***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Richard Min. The following case opening statistical information was erroneously selected/entered: County code New York; Fee Status code due (due). The following correction(s) have been made to your case entry: the County code has been modified to XX Out of U.S.; the Fee Status code has been modified to pd (paid). (vf)
June 30, 2021	CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jed S. Rakoff. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf)
June 30, 2021	Case Designated ECF. (vf)
June 30, 2021	Magistrate Judge Sarah L. Cave 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf)
June 29, 2021	Filing 3 NOTICE OF APPEARANCE by Michael Banuchis on behalf of Carlo Mosoni..(Banuchis, Michael)
June 29, 2021	Filing 2 CIVIL COVER SHEET filed..(Min, Richard)
June 29, 2021	Filing 1 PETITION FOR RETURN OF CHILD. (Filing Fee $ 402.00, Receipt Number BNYSDC-24733545).Document filed by Carlo Mosoni. (Attachments: #1 Exhibit Exhibit A - Hague Convention, #2 Exhibit Exhibit B - ICARA).(Min, Richard)

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Respondent: Angie Louie
Represented By:	Stephen John Cullen
Represented By:	Jessica A. duHoffmann
Represented By:	Kelly Ann Powers
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Petitioner: Carlo Mosoni
Represented By:	Michael Banuchis
Represented By:	Richard Min
Represented By:	Brett Scott Ward
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