Schram v. Zarak
| Arnaldur Schram |
| Tania Zarak |
| 1:2021cv06524 |
| August 2, 2021 |
| US District Court for the Southern District of New York |
| Mary Kay Vyskocil |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question: Other |
| None |
Docket Report
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This docket was last retrieved on December 7, 2021. A more recent docket listing may be available from PACER.
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Filing 73
ORDER denying as moot #68 Motion for Attorney Fees. On December 7, 2021, Petitioner withdrew his motion for reimbursement of counsel fees and costs related to this proceeding. Therefore, Petitioner's Motion for Attorney Fees is DENIED as moot. (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (SR)
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Filing 72
COUNSEL FEE STIPULATION: NOW, THEREFORE, it is agreed as follows: 1. Respondent agrees to pay the total sum of TWO HUNDRED FORTY THOUSAND DOLLARS ($240,000) for counsel fees and costs in full and complete resolution and satisfaction of the Counsel Fee Motion to Petitioners attorneys, BURGER GREEN & MIN LLP. 2. ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000) is to be paid simultaneously with the execution of this agreement. 3. The remaining balance of NINETY THOUSAND DOLLARS ($90,000) is to be paid as hereinafter set forth: a. THIRTY THOUSAND DOLLARS ($30,000) on or before February 1, 2022. b. THIRTY THOUSAND DOLLARS ($30,000) on or before April 1, 2022. c. THIRTY THOUSAND DOLLARS ($30,000) on or before June 1, 2022. 4. All payments set forth above are to be made by Respondent or her attorneys or her representatives directly to BURGER GREEN & MIN LLP or any other successor firm name or any other recipient as directed by Petitioner's counsel. 5. In exchange for the above provisions set forth in Paragraphs 14, Petitioner withdraws his motion for reimbursement of counsel fees and costs related to this proceeding in the amount of $374,577.07 (ECF No. 68). 6. Except as otherwise set forth above in Paragraphs 14, Petitioner is solely and exclusively responsible for any and all fees incurred by Petitioner and Petitioner holds Respondent free, harmless and indemnified against same. GENERAL TERMS 7. This Agreement and all of its terms and provisions (a) constitute the parties' entire understanding and agreement as to the subject matter hereof; (b) shall not be modified except by written and so-ordered agreement of the parties; (c) shall bind the parties' heirs, executors, administrators, legal representatives, successors, and assigns. 8. Each party acknowledges that he/she is executing this agreement freely and voluntarily and not as the result of any coercion or duress, and that, at the time of his/her review and signing, he/she has not been under the influence of any substances which might impair his/her ability to understand the provisions of the agreement and to evaluate the fairness of each and every such provision. 9. Each party acknowledges that he/she has read this agreement in its entirety, fully understands the terms, covenants, and conditions of the agreement and believes the agreement to be fair, just, adequate, and reasonable as to each of them, and is fully satisfied with its terms, and, after due consideration, and having considered the advice of the attorneys independently consulted by each of them, freely and voluntarily accepts and agrees to be bound by the terms, conditions, and provisions set forth herein. 10. The parties acknowledge that they have sought and obtained legal advice independently of each other, to wit: Richard Min, Esq., of Burger Green & Min for Petitioner, and Michael Beyda, Esq., of Chemtob, Moss, Foreman & Beyda, for Respondent; that they have been duly apprised of their respective rights; that they clearly understand and agree to all of the provisions herein; and that they believe the terms hereof to be fair and reasonable to both. 11. This Agreement may be executed utilizing electronic signatures, which shall be treated as original signatures. Signatures on this Agreement which are transmitted by facsimile or email shall also be treated as originals. (Signed by Judge Mary Kay Vyskocil on 12/7/2021) (tg)
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Filing 71
PROPOSED STIPULATION AND ORDER. Document filed by Tania Zarak..(Beyda, Michael)
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Filing 70
ORDER granting #69 Letter Motion for Extension of Time to File Response/Reply re #69 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #68 MOTION for Attorney Fees and Costs. addressed to Judge Mary Kay Vyskocil from Mudita Chawla dated November 19, 2021. GRANTED. The deadline for Respondent's opposition to Petitioner's motion for attorney's fees and costs is extended to December 7, 2021. SO ORDERED. Responses due by 12/7/2021. (Signed by Judge Mary Kay Vyskocil on 11/19/2021) (tg)
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Filing 69
CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #68 MOTION for Attorney Fees and Costs. addressed to Judge Mary Kay Vyskocil from Mudita Chawla dated November 19, 2021. Document filed by Tania Zarak. Return Date set for 12/7/2021 at 11:59 PM..(Chawla, Mudita)
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Filing 68
MOTION for Attorney Fees and Costs. Document filed by Arnaldur Schram. (Attachments: #1 Affidavit Declaration of Richard Min, #2 Exhibit Retainer Agreement, #3 Exhibit Invoices, #4 Exhibit Bill of Costs, #5 Affidavit Declaration of Thyri, #6 Affidavit Declaration of Inga, #7 Affidavit Declaration of Ken Glasser, #8 Exhibit Retainer Agreement, #9 Exhibit Invoices, #10 Exhibit Transcripts, #11 Exhibit Printing and copying, #12 Exhibit translations, #13 Exhibit process server, #14 Exhibit filing fees).(Min, Richard)
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Filing 67
CLERK'S JUDGMENT re: #66 Order, in favor of Arnaldur Schram against Tania Zarak. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Decision and Order dated November 2, 2021, The Court finds that Petitioner has proven by a preponderance of the evidence that E.Z. and S.Z. were habitual residents of Iceland at the time Respondent removed them to New York, after telling Petitioner and others that she intended to return to Iceland after going to Mexico for a long-planned family reunion. Respondent does not contest that Petitioner has otherwise established the other two elements of his claim under the Convention. (Tr. at 1161:1225). Accordingly, IT IS HEREBY ORDERED that the petition is GRANTED. E.Z. and S.Z. shall be returned to Iceland, their country of habitual residence. On August 18, 2021, the Court issued an order directing Respondent to surrender the passport and travel documents for both E.Z. and S.Z. to her counsel. [ECF No. 12]. Counsel for Respondent is ordered to release the passports of E.Z. and S.Z. to counsel for Petitioner. The parties shall coordinate to ensure the prompt and safe return of the children to Iceland. Because the Hague Convention requires the "prompt" repatriation of the child to the country of habitual residence, this Court will grant a stay of return until November 17, 2021, at 5 p.m. to permit a stay application to be made to the United States Court of Appeals for the Second Circuit if Respondent so desires, and otherwise denies a stay pending appeal. The parties should use this time to coordinate the children's orderly return to Iceland. Judgment is entered in favor of Petitioner and this case is closed. (Signed by Clerk of Court Ruby Krajick on 11/3/2021) (Attachments: #1 Notice of Right to Appeal) (dt)
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Terminate Transcript Deadlines (dt)
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Filing 66
DECISION AND ORDER: The Court finds that Petitioner has proven by a preponderance of the evidence that E.Z. and S.Z. were habitual residents of Iceland at the time Respondent removed them to New York, after telling Petitioner and others that she intended to return to Iceland after going to Mexico for a long-planned family reunion. Respondent does not contest that Petitioner has otherwise established the other two elements of his claim under the Convention. (Tr. at 1161:1225). Accordingly, IT IS HEREBY ORDERED that the petition is GRANTED. E.Z. and S.Z. shall be returned to Iceland, their country of habitual residence. On August 18, 2021, the Court issued an order directing Respondent to surrender the passport and travel documents for both E.Z. and S.Z. to her counsel. [ECF No. 12]. Counsel for Respondent is ordered to release the passports of E.Z. and S.Z. to counsel for Petitioner. The parties shall coordinate to ensure the prompt and safe return of the children to Iceland. Because the Hague Convention requires the prompt repatriation of the child to the country of habitual residence, this Court will grant a stay of return until November 17, 2021, at 5 p.m. to permit a stay application to be made to the United States Court of Appeals for the Second Circuit if Respondent so desires, and otherwise denies a stay pending appeal. The parties should use this time to coordinate the children's orderly return to Iceland. The Clerk of Court is respectfully requested to enter judgment in favor of Petitioner and close this proceeding. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 11/2/2021) (tg) Transmission to Orders and Judgments Clerk for processing. (Main Document 66 replaced on 11/3/2021) (tg). Modified on 11/3/2021 (tg).
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Filing 65
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 10/15/21 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....(Moya, Goretti)
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Filing 64
TRANSCRIPT of Proceedings re: TRIAL held on 10/15/2021 before Judge Mary Kay Vyskocil. Court Reporter/Transcriber: Sonya Ketter Moore, (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 11/18/2021. Redacted Transcript Deadline set for 11/29/2021. Release of Transcript Restriction set for 1/26/2022..(Moya, Goretti)
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Filing 63
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 10/13/21 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....(Moya, Goretti)
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Filing 62
TRANSCRIPT of Proceedings re: TRIAL held on 10/13/2021 before Judge Mary Kay Vyskocil. Court Reporter/Transcriber: Sonya Ketter Moore, (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 11/18/2021. Redacted Transcript Deadline set for 11/29/2021. Release of Transcript Restriction set for 1/26/2022..(Moya, Goretti)
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Filing 61
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 10/12/21 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....(Moya, Goretti)
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Filing 60
TRANSCRIPT of Proceedings re: TRIAL held on 10/12/2021 before Judge Mary Kay Vyskocil. Court Reporter/Transcriber: Sonya Ketter Moore, (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 11/18/2021. Redacted Transcript Deadline set for 11/29/2021. Release of Transcript Restriction set for 1/26/2022..(Moya, Goretti)
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Filing 59
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 10/8/21 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....(Moya, Goretti)
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Filing 58
TRANSCRIPT of Proceedings re: TRIAL held on 10/8/2021 before Judge Mary Kay Vyskocil. Court Reporter/Transcriber: Sonya Ketter Moore, (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 11/18/2021. Redacted Transcript Deadline set for 11/29/2021. Release of Transcript Restriction set for 1/26/2022..(Moya, Goretti)
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Filing 57
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 10/7/21 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....(Moya, Goretti)
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Filing 56
TRANSCRIPT of Proceedings re: TRIAL held on 10/7/2021 before Judge Mary Kay Vyskocil. Court Reporter/Transcriber: Sonya Ketter Moore, (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 11/18/2021. Redacted Transcript Deadline set for 11/29/2021. Release of Transcript Restriction set for 1/26/2022..(Moya, Goretti)
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Filing 55
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 10/6/21 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....(Moya, Goretti)
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Filing 54
TRANSCRIPT of Proceedings re: TRIAL held on 10/6/2021 before Judge Mary Kay Vyskocil. Court Reporter/Transcriber: Sonya Ketter Moore, (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 11/18/2021. Redacted Transcript Deadline set for 11/29/2021. Release of Transcript Restriction set for 1/26/2022..(Moya, Goretti)
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Filing 53
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 10/5/21 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....(Moya, Goretti)
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Filing 52
TRANSCRIPT of Proceedings re: TRIAL held on 10/5/2021 before Judge Mary Kay Vyskocil. Court Reporter/Transcriber: Sonya Ketter Moore, (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 11/18/2021. Redacted Transcript Deadline set for 11/29/2021. Release of Transcript Restriction set for 1/26/2022..(Moya, Goretti)
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Filing 51
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 10/4/21 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....(Moya, Goretti)
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Filing 50
TRANSCRIPT of Proceedings re: TRIAL held on 10/4/2021 before Judge Mary Kay Vyskocil. Court Reporter/Transcriber: Sonya Ketter Moore, (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 11/18/2021. Redacted Transcript Deadline set for 11/29/2021. Release of Transcript Restriction set for 1/26/2022..(Moya, Goretti)
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Filing 49
PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Arnaldur Schram..(Min, Richard)
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Filing 48
PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Tania Zarak..(Beyda, Michael)
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Minute Entry for proceedings held before Judge Mary Kay Vyskocil: Bench Trial completed on 10/15/2021. (Court Reporter Khris Sellin) (rz)
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Minute Entry for proceedings held before Judge Mary Kay Vyskocil: Bench Trial held on 10/13/2021. (Court Reporter Khris Sellin) (rz)
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Minute Entry for proceedings held before Judge Mary Kay Vyskocil: Bench Trial held on 10/12/2021. (Court Reporter Khris Sellin) (rz)
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Minute Entry for proceedings held before Judge Mary Kay Vyskocil: Bench Trial held on 10/8/2021. (Court Reporter Khris Sellin) (rz)
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Minute Entry for proceedings held before Judge Mary Kay Vyskocil: Bench Trial held on 10/7/2021. (Court Reporter Khris Sellin) (rz)
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Minute Entry for proceedings held before Judge Mary Kay Vyskocil: Bench Trial held on 10/6/2021. (Court Reporter Khris Sellin) (rz)
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Minute Entry for proceedings held before Judge Mary Kay Vyskocil: Bench Trial held on 10/5/2021. (Court Reporter Khris Sellin) (rz)
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Filing 47
Exhibit List Supplemental Objections to Petitioner's Amended Exhibit List. Document filed by Tania Zarak..(Beyda, Michael)
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Filing 46
Exhibit List Stipulation of Facts. Document filed by Arnaldur Schram..(Banuchis, Michael)
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Minute Entry for proceedings held before Judge Mary Kay Vyskocil: Bench Trial begun on 10/4/2021. (Court Reporter Sonia Moore) (rz)
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Filing 45
MEMORANDUM OF LAW in Opposition re: #38 MOTION in Limine . by Respondent. Document filed by Tania Zarak. (Attachments: #1 Exhibit A - Emails between Counsel and Screenshot, #2 Exhibit B - Pet.'s Discovery (Excerpt)).(Beyda, Michael)
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Filing 44
ORDER: The Clerk of Court respectfully is requested to endorse the attached subpoena directed to Rita Yoskowitz. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 10/1/2021) (tg) Transmission to Finance Unit (Cashiers) for processing.
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Filing 43
Exhibit List Petitioner's Objections to Respondent's Proposed Exhibits. Document filed by Arnaldur Schram..(Banuchis, Michael)
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Filing 42
Exhibit List Respondent's Objections to Petitioner's Amended Exhibit List. Document filed by Tania Zarak..(Chawla, Mudita)
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Filing 41
Exhibit List Proposed Duplicative Exhibits. Document filed by Arnaldur Schram..(Min, Richard)
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Filing 40
WITNESS LIST. Document filed by Tania Zarak..(Beyda, Michael)
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Minute Entry for proceedings held before Judge Mary Kay Vyskocil: Final Pretrial Conference held on 10/1/2021. (rz)
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Filing 39
WITNESS LIST. Document filed by Arnaldur Schram..(Min, Richard)
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Filing 38
MOTION in Limine . Document filed by Arnaldur Schram. (Attachments: #1 Memorandum in support).(Banuchis, Michael)
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Filing 37
Exhibit List Amended by Respondent. Document filed by Tania Zarak..(Chawla, Mudita)
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Filing 36
NOTICE OF APPEARANCE by Kenneth Glasser on behalf of Arnaldur Schram..(Glasser, Kenneth)
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Filing 35
Exhibit List Amended by Petitioner. Document filed by Arnaldur Schram..(Min, Richard)
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Filing 34
WITNESS LIST. Document filed by Arnaldur Schram..(Min, Richard)
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Filing 33
ORDER granting #28 Letter Motion for Conference re: #28 LETTER MOTION for Conference to Permit Video Testimony of Foreign Witnesses addressed to Judge Mary Kay Vyskocil from Richard Min dated September 28, 2021. Petitioner's request is GRANTED. Both he and witnesses whom he intends to call, who reside in Iceland, may testify by videoconference. The Court anticipates using the Microsoft Teams platform, which will permit the parties to present testimony, examine witnesses, and display exhibits. Staff from my chambers will discuss logistics with the parties during the previously-scheduled conference call on September 30, 2021, and members of the Court's Audio-Visual staff will be present at the Final Pretrial Conference on October 1, 2021. (Signed by Judge Mary Kay Vyskocil on 9/29/2021) (ab)
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Filing 32
LETTER REPLY to Response to Motion addressed to Judge Mary Kay Vyskocil from Richard Min dated Richard Min re: #28 LETTER MOTION for Conference to Permit Video Testimony of Foreign Witnesses addressed to Judge Mary Kay Vyskocil from Richard Min dated September 28, 2021. . Document filed by Arnaldur Schram..(Min, Richard)
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Filing 31
ORDER re: #30 Letter filed by Tania Zarak. Counsel for Petitioner is directed to file by 6:30PM today a response to the letter filed by Respondent. (HEREBY ORDERED by Judge Mary Kay Vyskocil) (Text Only Order) (ab)
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Filing 30
LETTER addressed to Judge Mary Kay Vyskocil from Mudita Chawla dated September 29, 2021 re: Reply to Letter Motion for Conference to Permit Video Testimony of Foreign Witnesses (ECF #28). Document filed by Tania Zarak..(Chawla, Mudita)
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Filing 29
ORDER: The Final Pretrial Conference in this case will take place on October 1, 2021 at 2:00PM in Courtroom 18C of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York. As previously ordered, trial will begin on October 4, 2021 at 11:00AM in the same courtroom. By 5:00PM on September 30, 2021, counsel for the parties are directed to deliver two copies of all proposed exhibits, tabbed and in binders, to my Chambers. ( Final Pretrial Conference set for 10/1/2021 at 02:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Mary Kay Vyskocil.) (Signed by Judge Mary Kay Vyskocil on 9/28/2021) (tg)
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Filing 28
LETTER MOTION for Conference to Permit Video Testimony of Foreign Witnesses addressed to Judge Mary Kay Vyskocil from Richard Min dated September 28, 2021. Document filed by Arnaldur Schram..(Min, Richard)
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Set/Reset Hearings: Bench Trial set for 10/4/2021 at 11:00 AM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Mary Kay Vyskocil. (tg)
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Filing 27
TRIAL BRIEF PRETRIAL BRIEF (AMENDED AUTHORITIES). Document filed by Tania Zarak..(Chawla, Mudita)
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Filing 26
PRETRIAL MEMORANDUM. Document filed by Arnaldur Schram..(Min, Richard)
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Filing 25
Exhibit List Respondent's AMENDED Exhibit List. Document filed by Tania Zarak..(Beyda, Michael)
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Filing 24
TRIAL BRIEF Respondent's Pretrial Brief. Document filed by Tania Zarak..(Beyda, Michael)
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Filing 23
Exhibit List for Petitioner - Amended. Document filed by Arnaldur Schram..(Min, Richard)
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Filing 22
WITNESS LIST. Document filed by Tania Zarak..(Beyda, Michael)
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Filing 21
Exhibit List Respondent's Proposed Exhibit List. Document filed by Tania Zarak..(Beyda, Michael)
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Filing 20
Exhibit List for Petitioner. Document filed by Arnaldur Schram..(Min, Richard)
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Filing 19
WITNESS LIST. Document filed by Arnaldur Schram..(Min, Richard)
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Filing 18
SEALED DOCUMENT placed in vault..(jus)
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Filing 17
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/18/21 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....(Moya, Goretti)
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Filing 16
TRANSCRIPT of Proceedings re: CONFERENCE held on 8/18/2021 before Judge Mary Kay Vyskocil. 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 9/21/2021. Redacted Transcript Deadline set for 10/1/2021. Release of Transcript Restriction set for 11/29/2021..(Moya, Goretti)
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Filing 15
RESPONSE to #1 Petition (Other). Document filed by Tania Zarak..(Beyda, Michael)
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Filing 14
SCHEDULING ORDER granting #4 Motion to Expedite. IT IS ORDERED: 1. Respondent's Answer. The Respondent shall file her Answer to the Petitioner's Verified Petition for Return of Children to Iceland, which shall include any exceptions and/or defenses to return she intends to assert, on or before August 25, 2021. 2. Discovery Deadline. All discovery, including written discovery and depositions, shall be completed no later than September 20, 2021 and shall proceed on the discovery schedule set forth in Paragraphs 3-5 below. 3. Initial Disclosures. Both parties shall serve their initial disclosures in accordance with Federal Rule of Civil Procedure 26(a)(1) by August 27, 2021. 4. Written Discovery. All written discovery requests shall be propounded by both parties no later than August 31, 2021 and served electronically. The time for each party's responses to any written discovery requests shall be ten (10) calendar days after service. 5. Deadline for Disclosure of Experts. Both parties shall provide full and complete expert disclosures as required by Rule 26(a)(2)(A)-(C) of the Federal Rules of Civil Procedure, no later than September 3, 2021. Full and complete rebuttal expert disclosures, which shall also comply with Rule 26(a)(2)(A)-(C) of the Federal Rules of Civil Procedure, shall be made no later than September 20, 2021. Either party may engage his or her expert or rebuttal expert to evaluate the children in accordance with the claims and defenses made in this proceeding. 6. Filing and Exchange of Witness Lists, Exhibit Lists, and Exhibits. The parties shall file their proposed Evidentiary Hearing Witness Lists and Exhibit Lists on September 24, 2021 and shall electronically serve copies of their respective Proposed Evidentiary Hearing Exhibits on the opposing party on the same date. 7. Pretrial Briefs. The parties shall each file a Pretrial Brief addressing the legal issues before the Court by September 27, 2021. 8. Final Pretrial Conference. An expedited Final Pretrial Conference shall be held before this Court on October 1, 2021 at 2:00 p.m. 9. Evidentiary Hearing. The expedited Evidentiary Hearing shall be held before this Court on October 4, 2021 beginning at 11:00 a.m. 10. Provisional Remedies During Pendency of Litigation. In accordance with ICARA, 22 U.S.C. 9004, the following provisional remedies shall remain in effect with respect to the parties' children during the pendency of this litigation: (A) Both parties are prohibited from removing or causing the removal of the parties' two children, E.Z., born in 2014 and S.Z., born in 2018, from the Southern and Eastern District of New York; and (B) All passports and any other travel documents for the children shall continue to be held for safe-keeping by Respondent's attorney, Michael Beyda, until further order of this Court.. (Signed by Judge Mary Kay Vyskocil on 8/18/2021) (vfr)
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Set/Reset Deadlines: Tania Zarak answer due 8/25/2021.( Brief due by 9/27/2021., Depositions due by 9/20/2021., Discovery due by 9/20/2021.), Set/Reset Hearings:( Evidentiary Hearing set for 10/4/2021 at 11:00 AM before Judge Mary Kay Vyskocil., Final Pretrial Conference set for 10/1/2021 at 02:00 PM before Judge Mary Kay Vyskocil.) (vfr)
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Filing 13
LETTER addressed to Judge Mary Kay Vyskocil from Richard Min dated August 18, 2021 re: Proposed Scheduling Order. Document filed by Arnaldur Schram. (Attachments: #1 Text of Proposed Order).(Min, Richard)
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Filing 12
ORDER: On August 2, 2021, Petitioner Arnaldur Schram filed a petition for return of E.Z. and S.Z. (the Children) to Iceland pursuant to the Convention on the Civil Aspects of International Child Abduction, done at the Hague on October 25, 1980, and the International Child Abduction Remedies Act ("ICARA"), 22 U.S.C. 9001 et seq. See ECF 1. On August 13, 2021, this Court entered an Order to Show Cause [ECF No. 6] and held a Show Cause Hearing on August 18, 2021. The Court has now considered the petition for return, the Respondent's Response to the Order to Show Cause [ECF No. 10], and the discussions at the Show Cause Hearing. The Court finds that Petitioner has established good cause to proceed to discovery and an evidentiary hearing in this case. On the record at the Show Cause Hearing, the Court discussed a schedule for the remainder of this case with counsel. By 9:00AM on August 19, 2021, the parties must submit a letter to the Court proposing a final schedule based on the one suggested by the Court. The Court then will enter a final scheduling order. The Court also has considered Petitioner's requests for preliminary relief, pending resolution of the petition on the merits. Pursuant to the Court's authority under ICARA, it is hereby ordered that - Respondent shall surrender her passport and travel documents and the passport and travel documents for both E.Z. and S.Z. to her counsel. Counsel is instructed not to provide the documents back to Respondent absent further order of the Court. Counsel will be held responsible for any failure to comply. - The children, E.Z. and S.Z. may not travel outside of the Southern or Eastern District of New York pending resolution of the merits of the petition. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 8/18/2021) (rj)
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Minute Entry for proceedings held before Judge Mary Kay Vyskocil: Show Cause Hearing held on 8/18/2021. (Court Reporter Steven Greenblum) (rz)
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Filing 11
NOTICE OF APPEARANCE by Nancy Nadel Chemtob on behalf of Tania Zarak..(Chemtob, Nancy)
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Filing 10
RESPONSE in Opposition to Motion re: #4 MOTION to Expedite Hague Proceedings. Respondent's Opposition to Petitioner's Order to Show Cause. Document filed by Tania Zarak. (Attachments: #1 Exhibit Ex. A - Insurance Policy, #2 Exhibit Ex. B - Email, #3 Exhibit Ex. C - Email, #4 Exhibit Ex. D - Email, #5 Exhibit Ex. E - Email, #6 Exhibit Ex. F - WhatsApp Message, #7 Exhibit Ex. G - Text Message, #8 Exhibit Ex. H - Email, #9 Exhibit Ex. I - Voice Note, #10 Exhibit Ex. J - Email, #11 Exhibit Ex. K - Email, #12 Exhibit Ex. L - Email, #13 Exhibit Ex. M - Email, #14 Exhibit Ex. N - Email, #15 Exhibit Ex. O - Facebook Message, #16 Exhibit Ex. P - Email, #17 Exhibit Ex. Q - Email, #18 Exhibit Ex. R - Email, #19 Exhibit Ex. S - WhatsApp Message, #20 Exhibit Ex. T - Email, #21 Exhibit Ex. U - Email, #22 Exhibit Ex. V - Email, #23 Exhibit Ex. W - Email, #24 Exhibit Ex. X - Email).(Beyda, Michael)
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Filing 9
NOTICE OF APPEARANCE by Mudita Chawla on behalf of Tania Zarak..(Chawla, Mudita)
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Filing 8
NOTICE OF APPEARANCE by Michael F. Beyda on behalf of Tania Zarak..(Beyda, Michael)
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Filing 7
ORDER The Show Cause Hearing is adjourned to 1:00PM on August 18, 2021. The same video link and public dial-in information will be used. As Defendant has not yet entered an appearance in this case, Plaintiff's counsel is directed to inform Defendant or her counsel as applicable of the adjourned time. (Show Cause Hearing set for 8/18/2021 at 01:00 PM before Judge Mary Kay Vyskocil.) (HEREBY ORDERED by Judge Mary Kay Vyskocil) (Text Only Order) (ab)
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Filing 6
ORDER TO SHOW CAUSE WITH RESPECT TO ALLEGED CHILD ABDUCTION. IT IS ORDERED that Respondent, Tania Zarak, or her attorneys, show cause before this Court, on the 18th day of August, 2021 at 12:00PM, why an order should not be made and entered granting the Petitioner relief. The Show Cause hearing will be held remotely using the Microsoft Teams platform. Any members of the public or media may access the proceeding by telephone by dialing 917-933-2166 and entering access code 374996283#. IT IS FURTHER ORDERED that pending the August 18 hearing, Respondent is enjoined from removing E.Z or S.Z. from the Southern District of New York for any purpose. IT IS FURTHER 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 12:00PM on the 14th day of August, 2021, shall be deemed sufficient. (Signed by Judge Mary Kay Vyskocil on 8/13/2021) (ab)
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Filing 5
NOTICE OF APPEARANCE by Nancy M. Green on behalf of Arnaldur Schram..(Green, Nancy)
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Filing 4
MOTION to Expedite Hague Proceedings. Document filed by Arnaldur Schram. (Attachments: #1 Text of Proposed Order Proposed Order).(Banuchis, Michael)
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Filing 3
CIVIL COVER SHEET filed..(Min, Richard)
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***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Richard Min. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (vf)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. 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)
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Case Designated ECF. (vf)
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Magistrate Judge Ona T. Wang 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)
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Filing 2
NOTICE OF APPEARANCE by Michael Banuchis on behalf of Arnaldur Schram..(Banuchis, Michael)
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Filing 1
PETITION FOR RETURN OF CHILDREN. (Filing Fee $ 402.00, Receipt Number ANYSDC-24875619).Document filed by Arnaldur Schram. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit).(Min, Richard)
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