Swett Urquieta v. Bowe
| Maria Elena Swett Urquieta |
| John Francis Bowe |
| S.B.S. |
| 1:2024cv01379 |
| February 23, 2024 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Other Statutory Actions |
| None |
Docket Report
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This docket was last retrieved on April 19, 2024. A more recent docket listing may be available from PACER.
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| Minute Entry for proceedings held before Judge Paul A. Engelmayer: Bench Trial completed on 4/19/2024. Petitioner present, with counsel. Respondent present, with counsel. Court reporter present. Closing arguments. See transcript. (ajs) |
| Minute Entry for proceedings held before Judge Paul A. Engelmayer: Bench Trial held on 4/17/2024. Petitioner present, with counsel. Respondent present, with counsel. Court reporter present. Petitioner rests. Respondent rests. See transcript. Trial continued to 4/19/2024. (ajs) |
| Minute Entry for proceedings held before Judge Paul A. Engelmayer: Bench Trial held on 4/16/2024. Petitioner present, with counsel. Respondent present, with counsel. Court reporter present. Petitioner's case continued. Respondent's case continued. See transcript. Trial continued to 4/17/2024. (ajs) |
| Minute Entry for proceedings held before Judge Paul A. Engelmayer: Bench Trial held on 4/15/2024. Petitioner present, with counsel. Respondent present, with counsel. Court reporter present. Petitioner's case continued. Respondent's case continued. See transcript. Trial continued to 4/16/2024. (ajs) |
| ***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 Jennifer Baum re: Document #76 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions.. (nd) |
| Filing 76 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - PROPOSED ORDER. Document filed by S.B.S...(Baum, Jennifer) Proposed Order to be reviewed by Clerk's Office staff. Modified on 4/15/2024 (nd). |
| Minute Entry for proceedings held before Judge Paul A. Engelmayer: Bench Trial held on 4/12/2024. Petitioner present, with counsel. Respondent present, with counsel. Court reporter present. Petitioner's case continued. Respondent's case continued. See transcript. Trial continued to 4/15/2024. (ajs) |
| Minute Entry for proceedings held before Judge Paul A. Engelmayer: Bench Trial held on 4/11/2024. Petitioner present, with counsel. Respondent present, with counsel. Court reporter present. Petitioner's case continued. See transcript. Trial continued to 4/12/2024. (ajs) |
| Minute Entry for proceedings held before Judge Paul A. Engelmayer: Bench Trial held on 4/9/2024. Petitioner present, with counsel. Respondent present, with counsel. Court reporter present. Respondent's case continued. Petitioner's witnesses called. See transcript. Trial continued to 4/11/2024. (ajs) |
Filing 75
ORDER granting #65 Letter Motion to Seal. GRANTED. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/9/2024) (jca)
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Filing 74
ORDER granting #63 Letter Motion to Seal. GRANTED. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/9/2024) (jca)
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Filing 73
ORDER granting #58 Letter Motion to Seal. GRANTED. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/9/24) (yv)
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| Minute Entry for proceedings held before Judge Paul A. Engelmayer: Bench Trial begun on 4/8/2024. Petitioner present, with counsel. Respondent present, with counsel. Court reporter present. Opening statements given. Respondent's witnesses called. See transcript. Trial continued to 4/9/2024. (ajs) |
| Filing 72 PROPOSED STIPULATION AND ORDER. Document filed by Maria Elena Swett Urquieta..(Lewis, Jacob) |
| Filing 71 WITNESS LIST. Document filed by John Francis Bowe..(King, Karen) |
| Filing 70 LETTER addressed to Judge Paul A. Engelmayer from Jacob Lewis dated April 6, 2024 re: Letter Motion for Partial Courtroom Closure (ECF No. 69). Document filed by Maria Elena Swett Urquieta..(Lewis, Jacob) |
| Filing 69 LETTER MOTION to Seal Partial Courtoom Closure addressed to Judge Paul A. Engelmayer from Jennifer Baum dated April 6, 2024. Document filed by S.B.S...(Baum, Jennifer) |
| Filing 68 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Maria Elena Swett Urquieta..(Englander, Andrew) |
| Filing 67 WITNESS LIST. Document filed by John Francis Bowe..(King, Karen) |
| Filing 66 ***SELECTED PARTIES***Exhibit List Respondent John Francis Bowe's Updated List of Intended Trial Exhibits. Document filed by John Francis Bowe, S.B.S., Maria Elena Swett Urquieta.Motion or Order to File Under Seal: #65 .(King, Karen) |
| Filing 65 LETTER MOTION to Seal re Trial Exhibit List addressed to Judge Paul A. Engelmayer from Karen King dated April 5, 2024. Document filed by John Francis Bowe..(King, Karen) |
| Filing 64 ***SELECTED PARTIES***PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by John Francis Bowe, S.B.S., Maria Elena Swett Urquieta.Motion or Order to File Under Seal: #63 .(King, Karen) |
| Filing 63 LETTER MOTION to Seal addressed to Judge Paul A. Engelmayer from Karen King dated April 5, 2024. Document filed by John Francis Bowe..(King, Karen) |
| Filing 62 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/20/2024 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) |
| Filing 61 TRANSCRIPT of Proceedings re: CONFERENCE held on 3/20/2024 before Judge Paul A. Engelmayer. 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 4/26/2024. Redacted Transcript Deadline set for 5/6/2024. Release of Transcript Restriction set for 7/8/2024..(McGuirk, Kelly) |
| Filing 60 ***SELECTED PARTIES***PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Maria Elena Swett Urquieta, John Francis Bowe, S.B.S..Motion or Order to File Under Seal: #58 .(Englander, Andrew) |
| Filing 59 Exhibit List PETITIONERS SECOND SUPPLEMENTAL WITNESS AND EXHIBIT LIST. Document filed by Maria Elena Swett Urquieta..(Lewis, Jacob) |
| Filing 58 LETTER MOTION to Seal addressed to Judge Paul A. Engelmayer from Matthew Tharp dated April 5, 2024. Document filed by Maria Elena Swett Urquieta..(Tharp, Matt) |
| Filing 57 NOTICE OF APPEARANCE by Matt Tharp on behalf of Maria Elena Swett Urquieta..(Tharp, Matt) |
| Filing 56 ***SELECTED PARTIES*** LETTER addressed to Judge Paul A. Engelmayer from Jennifer Baum dated April 5, 2024 re: Child's Testimony. Document filed by S.B.S.. (Attachments: #1 Exhibit Summary of Child's Position (redacted))Motion or Order to File Under Seal: #54 .(Baum, Jennifer) |
| Filing 55 LETTER addressed to Judge Paul A. Engelmayer from Jennifer Baum dated April 5, 2024 re: Summary of Child's Position. Document filed by S.B.S.. (Attachments: #1 Exhibit Summary of Child's Position (redacted)).(Baum, Jennifer) |
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Filing 54
ORDER granting #53 Letter Motion to Seal. GRANTED. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/5/2024) (va)
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| Filing 53 FIRST LETTER MOTION to Seal Summary of Child's Position addressed to Judge Paul A. Engelmayer from Jennifer Baum dated April 5, 2023. Document filed by S.B.S...(Baum, Jennifer) |
| Minute Entry for proceedings held before Judge Paul A. Engelmayer: Final Pretrial Conference held on 4/4/2024. Petitioner's counsel present. Respondent's counsel present. Interested party's counsel present. Court reporter present. See transcript. (ajs) |
| Filing 52 RESPONSE to #33 Amended Petition. Document filed by John Francis Bowe..(King, Karen) |
| Filing 51 NOTICE OF APPEARANCE by Megan Knepka on behalf of John Francis Bowe..(Knepka, Megan) |
| Filing 50 NOTICE OF APPEARANCE by Jordan Lionell Weatherwax on behalf of John Francis Bowe..(Weatherwax, Jordan) |
| Filing 49 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 3/7/2024 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) |
| Filing 48 TRANSCRIPT of Proceedings re: CONFERENCE held on 3/7/2024 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Devon Gerber, (212) 805-0320. 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 4/23/2024. Redacted Transcript Deadline set for 5/3/2024. Release of Transcript Restriction set for 7/1/2024..(McGuirk, Kelly) |
| Filing 45 Exhibit List Respondent John Francis Bowes List of Intended Trial Exhibits. Document filed by John Francis Bowe..(King, Karen) |
| Filing 44 WITNESS LIST. Document filed by John Francis Bowe. (King, Karen) Modified on 4/2/2024 (db). Modified removing public restriction as per ECF-ERROR Email Correspondence received on 4/2/2024 @ 10:58am. |
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Filing 47
MEMO ENDORSEMENT on re: #39 Letter filed by John Francis Bowe. ENDORSEMENT: The Court appreciates this clarification. By separate order, the Court will so-order the parties' joint letter specifying the sequence of trial presentation. (Signed by Judge Paul A. Engelmayer on 4/1/2024) (va)
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Filing 46
ORDER granting #37 Letter Motion to Expedite. GRANTED. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/1/2024) (va)
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| Filing 43 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #44 Witness List, #45 Exhibit List) - WITNESS LIST. Document filed by John Francis Bowe. (Attachments: #1 Exhibit A - LIST OF INTENDED TRIAL EXHIBITS).(King, Karen) Modified on 4/2/2024 (db). As per ECF-ERROR Email Correspondence received on 4/2/2024 @ 10:58am. |
| Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Settlement Conference held on 4/1/2024 at 2:00 p.m. (rsh) |
| Filing 42 Exhibit List And Witness List. Document filed by Maria Elena Swett Urquieta..(Lewis, Jacob) |
| Filing 41 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERECE proceeding held on 3/4/2024 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) |
| Filing 40 TRANSCRIPT of Proceedings re: CONFERNECE held on 3/4/2024 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Dana Holland, (212) 805-0320. 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 4/22/2024. Redacted Transcript Deadline set for 5/2/2024. Release of Transcript Restriction set for 7/1/2024..(McGuirk, Kelly) |
| Filing 39 JOINT LETTER addressed to Judge Paul A. Engelmayer from Kathleen Cassidy dated March 30, 2024 re: Response to Inquiry. Document filed by John Francis Bowe..(Cassidy, Kathleen) |
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Filing 38
ORDER with respect to #37 Letter Motion to Expedite. The Court is prepared to so-order this sensible stipulation, but first seeks clarification as to whether, by this order, the defense is reserving the right to call petitioner Swett Urquieta as a fact witness on the defense's case. The Court had understood otherwise, i.e., that Swett Urquieta would first be called on petitioner's case. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/29/2024) (mml)
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| Filing 37 JOINT LETTER MOTION to Expedite Evidentiary Hearing addressed to Judge Paul A. Engelmayer from Richard Min dated March 29, 2024. Document filed by Maria Elena Swett Urquieta..(Min, Richard) |
| Filing 36 NOTICE OF APPEARANCE by Caroline McHugh on behalf of Maria Elena Swett Urquieta..(McHugh, Caroline) |
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Filing 35
ORDER granting #31 Letter Motion to Seal. GRANTED. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/21/24) (yv)
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| Filing 34 DECLARATION of Jacob Lewis in Support re: #33 Amended Petition. Document filed by Maria Elena Swett Urquieta. (Attachments: #1 Exhibit 1: Hague Convention Full Text, #2 Exhibit 2: ICARA Full Text, #3 Exhibit 3: March 8, 2013 Minnesota Stipulation and Custody Order [REDACTED], #4 Exhibit 4: August 29, 2014 Chilean Court Order [REDACTED], #5 Exhibit 5: SBS Birth Certificate [REDACTED], #6 Exhibit 6: Written Travel Authorization [REDACTED], #7 Exhibit 7: NYT Interview with Respondent, #8 Exhibit 8: Photograph of SBS, #9 Exhibit 9: Photograph of Respondent, #10 Exhibit 10: Voluntary Return Letter).(Lewis, Jacob) |
| Filing 33 AMENDED PETITION amending #1 Petition (Other) against John Francis Bowe.Document filed by Maria Elena Swett Urquieta. Related document: #1 Petition (Other)..(Lewis, Jacob) |
| Filing 32 ***SELECTED PARTIES*** AMENDED PETITION amending #1 Petition (Other) against John Francis Bowe.Document filed by Maria Elena Swett Urquieta, John Francis Bowe, S.B.S.. Related document: #1 Petition (Other). (Attachments: #1 Exhibit 3 to Lewis Declaration [UNREDACTED with proposed redactions highlighted] ], #2 Exhibit 4 to Lewis Declaration [UNREDACTED with proposed redactions highlighted], #3 Exhibit 5 to Lewis Declaration [UNREDACTED with proposed redactions highlighted], #4 Exhibit 6 to Lewis Declaration [UNREDACTED with proposed redactions highlighted])Motion or Order to File Under Seal: #31 .(Lewis, Jacob) |
| Filing 31 LETTER MOTION to Seal / Redact addressed to Judge Paul A. Engelmayer from Jacob Lewis dated March 21, 2024. Document filed by Maria Elena Swett Urquieta..(Lewis, Jacob) |
| Minute Entry for proceedings held before Judge Paul A. Engelmayer: Status Conference held on 3/20/2024. Petitioner's counsel present. Respondent's counsel present. Interested party's counsel present. Court reporter present. (ajs) |
| Filing 30 NOTICE OF APPEARANCE by Richard Min on behalf of Maria Elena Swett Urquieta..(Min, Richard) |
| Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Pre-Settlement Telephone Conference held on 3/14/2024 at 2:30 p.m. (rsh) |
| Filing 29 RESPONSE to #1 Petition (Other). Document filed by John Francis Bowe..(King, Karen) |
| Filing 28 NOTICE of Hearing: Settlement Conference set for 4/1/2024 at 2:00 PM before Magistrate Judge Robert W. Lehrburger. This conference will be conducted via Microsoft Teams. A link will be emailed to the parties, one week prior to the conference. Named parties must participate for the entire duration of this conference. The parties are instructed to review and adhere to Judge Lehrburger's individual Settlement Conference Procedures. The parties are further instructed to submit their pre-conference submissions, along with their Attendance Acknowledgment Form (available in pdf fillable format as attachment to the Settlement Conference Procedures) no later than March 25, 2024, by 5:00 p.m. (rsh) |
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Filing 27
SCHEDULING ORDER: Pursuant to the 1980 Convention on the Civil Aspects of International Child Abduction, the International Child Abduction Remedies Act, the Federal Rules of Civil Procedure, and this Court's Local Rules: IT IS ORDERED: Final Pretrial Conference set for 4/4/2024 at 09:00 AM before Judge Paul A. Engelmayer. Status Conference set for 3/20/2024 at 09:30 AM before Judge Paul A. Engelmayer. Jury Trial set for 4/8/2024 at 09:00 AM before Judge Paul A. Engelmayer. John Francis Bowe answer due 3/13/2024. All written discovery and document productions shall be completed no later than 3/26/2024. Motions due by 4/5/2024. Deposition due by 4/3/2024. All parties must appear in person for the trial. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/8/2024) (mml)
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| Filing 26 PROPOSED SCHEDULING ORDER. Document filed by Maria Elena Swett Urquieta..(Lewis, Jacob) |
| Filing 25 NOTICE OF APPEARANCE by Lindsay Funk on behalf of Maria Elena Swett Urquieta..(Funk, Lindsay) |
| Filing 24 NOTICE OF APPEARANCE by Andrew Marc Englander on behalf of Maria Elena Swett Urquieta..(Englander, Andrew) |
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Filing 23
ORDER: This order memorializes orders-apart from those setting the pretrial and trial schedule, which will be the subject of a separate order-made at the pre-trial conferences held on March 4 and 7, 2024. 1. The Court ordered that neither respondent nor any other person shall remove the minor child in this case, S.B.S., from this District or the Eastern District of New York, pending the Court's resolution of the petition. 2. The Court ordered that respondent deposit with the Clerk of the Court any and all passports or other travel documents ofS.B.S. The Court understands that respondent, through counsel, has done so. 3. The Court directed petitioner and respondent not to initiate conversations with S.B.S. about this proceeding, save with respect to logistical matters, and directed counsel for petitioner and respondent not to speak with S.B.S. at all. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/7/2024) (va)
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| Filing 22 NOTICE of Hearing: Pre-Settlement Telephone Conference set for 3/14/2024 at 2:30 PM before Magistrate Judge Robert W. Lehrburger. Parties shall dial the teleconference number via Microsoft Teams at (646)-453-4442, and enter access code 773058494 #. The parties are instructed to review and adhere to Judge Lehrburger's Individual Practices and Settlement Conference Procedures. (rsh) |
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Filing 21
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Robert W. Lehrburger. Counsel for petitioner is directed to contact the Magistrate Judge's chambers to schedule a settlement conference on a mutually agreeable date. (Signed by Judge Paul A. Engelmayer on 3/7/2024) (va)
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| Filing 20 NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Jennifer Baum on behalf of S.B.S..(Baum, Jennifer) |
| Filing 19 ***SELECTED PARTIES***REDACTION to #4 Declaration in Support,, #1 Petition (Other) Verified Petition [UNREDACTED with proposed redactions highlighted] by Maria Elena Swett Urquieta (Attachments: #1 Exhibit 3 to Lewis Declaration [UNREDACTED with proposed redactions highlighted] ], #2 Exhibit 4 to Lewis Declaration [UNREDACTED with proposed redactions highlighted], #3 Exhibit 5 to Lewis Declaration [UNREDACTED with proposed redactions highlighted], #4 Exhibit 6 to Lewis Declaration [UNREDACTED with proposed redactions highlighted])Motion or Order to File Under Seal: #14 .(Lewis, Jacob) |
| Filing 18 REDACTION to #4 Declaration in Support,, #1 Petition (Other) Verified Petition [REDACTED] by Maria Elena Swett Urquieta (Attachments: #1 Exhibit 3 to Lewis Declaration [REDACTED], #2 Exhibit 4 to Lewis Declaration [REDACTED], #3 Exhibit 5 to Lewis Declaration [REDACTED], #4 Exhibit 6 to Lewis Declaration [REDACTED]).(Lewis, Jacob) |
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Filing 17
ORDER The Court thus finds appointment of independent counsel for S.B.S. warranted. The Court further finds Professor Baum, who has served as independent counsel for children in prior Hague Convention cases, well qualified by experience and disposition to take on this responsibility. The Court has confirmed with Professor Baum her availability given the anticipated timetable of this litigation. The Court therefore appoints Professor Baum counsel for the minor child S.B.S. for the limited purpose of assisting the child in understanding the proceedings; articulating his position to the Court; protecting his right to be interviewed and/or provide testimony in a developmentally appropriate manner; and facilitating communication or visitation, as may be appropriate, with Petitioner. This order is without prejudice to the right of parties or counsel to move for its modification-including to expand or clarify Professor Baum's responsibilities or to appoint others to work in coordination with her. (And as further set forth herein.) SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/5/2024) (jca)
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Filing 16
ORDER: A conference is scheduled in this case for Thursday, March 7, 2024, at 9:30 a.m. The Court hereby moves the conference earlier to 9 a.m. that morning-a half hour earlier. SO ORDERED. ( Status Conference set for 3/7/2024 at 09:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 3/5/2024) (tg) Modified on 3/18/2024 (tg).
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| Filing 15 SEALED DOCUMENT placed in vault..(jus) |
| Filing 13 NOTICE OF APPEARANCE by Abbe Ben-David on behalf of John Francis Bowe..(Ben-David, Abbe) |
| Filing 12 NOTICE OF APPEARANCE by Kathleen Elizabeth Cassidy on behalf of John Francis Bowe..(Cassidy, Kathleen) |
| Filing 11 NOTICE OF APPEARANCE by Karen R. King on behalf of John Francis Bowe..(King, Karen) |
| Minute Entry for proceedings held before Judge Paul A. Engelmayer: Initial Pretrial Conference held on 3/4/2024. Petitioner's counsel present. Respondent's counsel present. Court reporter present. (ajs) |
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Filing 14
MEMO ENDORSEMENT on re: #10 Letter Redactions (ECF No. 9) filed by Maria Elena Swett Urquieta. ENDORSEMENT : The Court GRANTS the motion. Per Rules 4.B.2, counsel is directed to: (a) publicly file the document with the proposed redactions, and (b) electronically file under seal a copy of the un-redacted document with the proposed redactions highlighted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/1/24) (yv)
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| Filing 10 LETTER addressed to Judge Paul A. Engelmayer from Jacob Lewis re: Redactions (ECF No. 9). Document filed by Maria Elena Swett Urquieta..(Syed, Sofia) |
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Filing 9
ORDER: On February 23, 2024, Petitioner Maria Elena Swett Urquieta filed a petition seeking return of her child, S.B.S., pursuant to the Convention on the Civil Aspects of international Child Abduction, done at the Hague, October 25, 1980 (the "Convention"), and the International Child Abduction Remedies Act ("ICARA"), 22 U.S.C. 9001 et seq., Dkt. 1 ("Petition"), and a declaration in support, Dkt. 4 ("Declaration"). The Petition and the Declaration each contain redactions that have not been approved by the Court or filed pursuant to the Court's Individual Rules, which require Court approval for redactions. Although the limited redactions may prove justified, the Court directs Urquieta to consult Section 4 of the Court's Individual Rules and Practices in Civil Cases, and the applicable ECF Rules and Instructions, and promptly seek approval for any requested redactions. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/29/2024) (va)
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| Filing 8 AFFIDAVIT OF SERVICE of Order to Show Cause, Verified Petition for Return of Child, Civil Cover Sheet, Declaration of Jacob Lewis with exhibits thereto served on John Francis Bowe on February 28, 2024. Document filed by Maria Elena Swett Urquieta..(Lewis, Jacob) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to John Francis Bowe..(jgo) |
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Filing 6
ORDER TO SHOW CAUSE: Upon the Petition of Maria Elena Swett Urquieta dated February 23, 2024, this Court hereby ORDERS that Respondent John Francis Bowe, or his attorneys, show cause before this Court on March 4, 2024 at 10 a.m. in Courtroom 1305 at the Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, New York 1007, why an order should not be entered pursuant to the Convention on the Civil Aspects of International Child Abduction, done at the Hague, October 25, 1980 (the "Convention"), and the International Child Abduction Remedies Act ("ICARA"), 22 U.S.C. 9001 et seq.: (As further set forth herein.) Finally, the Court ORDERS that pending the hearing and determination of this Petition, Respondent shall immediately deposit with the Clerk of the Court any and all passports or other travel documents in the name of S.B.S., which shall be held for safekeeping by the Court. SO ORDERED. Show Cause Hearing set for 3/4/2024 at 10:00 AM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. (Signed by Judge Paul A. Engelmayer on 2/27/2024) (va)
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| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to John Francis Bowe, re: #1 Petition (Other). Document filed by Maria Elena Swett Urquieta..(Lewis, Jacob) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. 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..(pc) |
| Magistrate Judge Robert W. Lehrburger is designated to handle matters that may be referred in this case. 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. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Jacob Lewis to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Party name is not listed in the defendant name and address field;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) |
| Case Designated ECF. (pc) |
| Filing 4 DECLARATION of Jacob Lewis in Support re: #1 Petition (Other). Document filed by Maria Elena Swett Urquieta. (Attachments: #1 Exhibit 1: Hague Convention Full Text, #2 Exhibit 2: ICARA Full Text, #3 Exhibit 3: March 8, 2013 Minnesota Stipulation and Custody Order, #4 Exhibit 4: August 29, 2014 Chilean Court Order, #5 Exhibit 5: SBS Birth Certificate [Redacted], #6 Exhibit 6: Written Travel Authorization, #7 Exhibit 7: NYT Interview with Respondent, #8 Exhibit 8: Photograph of SBS, #9 Exhibit 9: Photograph of Respondent, #10 Exhibit 10: Voluntary Return Letter).(Lewis, Jacob) |
| Filing 3 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to John Francis Bowe, re: #1 Petition (Other). Document filed by Maria Elena Swett Urquieta..(Lewis, Jacob) Modified on 2/26/2024 (pc). |
| Filing 2 CIVIL COVER SHEET filed..(Lewis, Jacob) |
| Filing 1 PETITION FOR RETURN OF CHILD. (Filing Fee $ 405.00, Receipt Number ANYSDC-28986350).Document filed by Maria Elena Swett Urquieta..(Lewis, Jacob) |
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