Manuel Jose Lozano v. Diana Lucia Montoya Alvarez
| Manuel Jose Lozano |
| Diana Lucia Montoya Alvarez |
| 7:2010cv08485 |
| November 10, 2010 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Westchester |
| Kenneth M. Karas |
| Other Statutory Actions |
| 42 U.S.C. § 11601 |
| None |
Docket Report
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| Appeal Record Returned. Indexed record on Appeal Files for 43 Supplemental ROA Sent to USCA - Index, USCA Case Number 11-2224, returned from the U.S. Court of Appeals. (br) |
| Filing 53 MANDATE of USCA (Certified Copy) USCA Case Number 11-2224. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 11/14/2012. Certified: 11/14/2012. (br) |
| Transmission of USCA Mandate/Order to the District Judge Karas re: 53 USCA Mandate,. (br) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 34 Proposed Findings of Fact filed by Diana Lucia Montoya Alvarez were transmitted to the U.S. Court of Appeals. (cda) |
| Supplemental ROA Sent to USCA (Electronic File). Certified Supplemental Indexed record on Appeal Electronic Files for 46 Memorandum & Opinion,, 44 Appeal Transcript,, were transmitted to the U.S. Court of Appeals. (cda) |
| Filing 52 MEMORANDUM OF LAW in Opposition re: 49 MOTION in Limine / Petitioner's Redacted Motion In Limine filed pursuant to Docket Entry 48 (Order dated August 24, 2011). ("Respondent's Letter Brief in Opposition to Petitioner's Motion in Limine filed pursuant to Docket Entry 48 (August 24, 2011 Order)"). Document filed by Diana Lucia Montoya Alvarez. (Moskowitz, Lauren) |
| Filing 51 MOTION in Limine ("Respondent's Motion in Limine filed pursuant to Docket Entry 48 (August 24, 2011 order"). Document filed by Diana Lucia Montoya Alvarez.(Moskowitz, Lauren) |
| Filing 50 OPPOSITION BRIEF / Petitioner's Letter Brief in Opposition to Respondent's Motion In Limine filed pursuant to Docket Entry 48 (August 24, 2011 Order). Document filed by Manuel Jose Lozano.(Mills, Sharon) |
| Filing 49 MOTION in Limine / Petitioner's Redacted Motion In Limine filed pursuant to Docket Entry 48 (Order dated August 24, 2011). Document filed by Manuel Jose Lozano. (Attachments: # 1 Exhibit A)(Mills, Sharon) |
Filing 48
ORDER: On January 28, January 31, February 1, and February 2, 2011, the Court received motions in limine and responses to those motions from counsel for both Parties via email and/or facsimile correspondence. The Court also received a letter, dated January 28,2011, from Petitioner's counsel regarding two prehearing issues. The Court has electronically filed these documents under seal. Some of these documents contain the names of the child and/or the therapist. The Parties have agreed, with the Court's approval, that the identity of both of these individuals should not be revealed. Accordingly, the Parties are directed to electronically file these documents, with the names of the child and therapist redacted, by September 6, 2011. (Signed by Judge Kenneth M. Karas on 8/24/2011) (fk)
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| Filing 47 SEALED DOCUMENT placed in vault. (mml) |
| ***DELETED DOCUMENT. Deleted document number 45 Notice of Filing of Transcript. The document was incorrectly filed in this case. (jp) |
| USCA Case Number 11-2224 assigned to 42 Notice of Appeal filed by Manuel Jose Lozano. (cda) |
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Filing 46
OPINION AND ORDER: For the reasons stated herein, Petitioner has established a prima facie case of wrongful removal under the Hague Convention. Respondent has failed to establish that sending the child back to the United Kingdom for a custody determination would expose the child to a grave risk of harm or place her in an intolerable situation. However, Respondent has demonstrated that at the time the Petition was filed, the child had been in New York for more than a year and has become settled in her new environment. Lastly, the Court chooses not to exercise its discretion to order the child returned even though she is now settled. Accordingly, the Petition is denied. (Signed by Judge Kenneth M. Karas on 8/22/2011) (lnl)
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| Filing 44 TRANSCRIPT filed re: Decision for dates of 04/28/2011, before Judge Kenneth M. Karas re 42 Notice of Appeal. Court Reporter/Transcriber: Christina Arends-Dieck, (914) 390-4103. 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 9/12/2011. Redacted Transcript Deadline set for 9/22/2011. Release of Transcript Restriction set for 11/21/2011.(Arends-Dieck, Christina) |
| Filing 43 Supplemental ROA Sent to USCA (Index). Notice that the Supplemental Index to the record on Appeal for 42 Notice of Appeal filed by Manuel Jose Lozano 3 Copies of the index, Certified Supplemental Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (cda) |
| Supplemental ROA Sent to USCA (File). Supplemental Indexed record on Appeal Files for 42 Notice of Appeal filed by Manuel Jose Lozano were transmitted to the U.S. Court of Appeals. Transcript(s) #35, & 36.(cda) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 34 Proposed Findings of Fact filed by Diana Lucia Montoya Alvarez, 32 Post Trial Memorandum filed by Manuel Jose Lozano, 22 Endorsed Letter,,,, 38 Notice of Appearance filed by Diana Lucia Montoya Alvarez, 13 Notice of Appearance filed by Diana Lucia Montoya Alvarez, 28 Endorsed Letter, 20 Notice of Appearance filed by Manuel Jose Lozano, 16 Scheduling Order, 10 Order, 42 Notice of Appeal filed by Manuel Jose Lozano, 19 Response to Petition (Other) filed by Diana Lucia Montoya Alvarez, 9 Notice (Other) filed by Manuel Jose Lozano, 37 Scheduling Order,, 25 Notice of Appearance filed by Diana Lucia Montoya Alvarez, 8 Petition (Other), Petition (Other) filed by Manuel Jose Lozano, 23 Order, 11 Order,,, 15 Notice of Appearance filed by Manuel Jose Lozano, 39 Order, 29 Endorsed Letter,,, 7 MOTION for Amos Whitney Barclay to Appear Pro Hac Vice. filed by Manuel Jose Lozano, 6 Order Admitting Attorney Pro Hac Vice, 41 Endorsed Letter, 14 Notice of Appearance filed by Diana Lucia Montoya Alvarez, 40 Judgment, 18 Notice of Appearance filed by Diana Lucia Montoya Alvarez, 21 Notice of Appearance filed by Manuel Jose Lozano, 5 Order,, 26 Order,,, 30 Memorandum of Law in Opposition, filed by Diana Lucia Montoya Alvarez, 4 Order,,, 24 Notice of Appearance filed by Diana Lucia Montoya Alvarez, 33 Post Trial Memorandum filed by Diana Lucia Montoya Alvarez, 31 Endorsed Letter,,,, were transmitted to the U.S. Court of Appeals. (cda) |
| Transmission of Notice of Appeal to the District Judge re: 42 Notice of Appeal. (fk) |
| Filing 42 NOTICE OF APPEAL from 40 Judgment. Document filed by Manuel Jose Lozano. Filing fee $ 455.00, receipt number 1007858. (fk) |
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Filing 41
ENDORSED LETTER addressed to Judge Kenneth M. Karas from Sharon Mills dated 5/13/2011 re: Counsel for both parties respectfully request that the Court retain the travel documents until the appeal is complete. ENDORSEMENT: SO ORDERED. (Signed by Judge Kenneth M. Karas on 5/13/2011) (mml)
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| Filing 40 JUDGMENT - ORDERED, ADJUDGED AND DECREED: that for the reasons stated on the record on April 28, 2011, the Petition is denied, Judgment is entered in favor of respondent, and the case is hereby closed.. (Signed by Clerk of Court Ruby Krajick on 05/02/2011) (dcr) |
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Filing 39
ORDER: The Court held oral argument in the above-captioned matter on April 28,2011. For the reasons stated on the Record, the Petition is denied. The Clerk of Court is respectfully directed to enter judgment for Respondent and close this case. The Parties shall inform the Court within two weeks of the date of this Order what they would like the Court to do with the traveldocuments of Respondent and the child. (Signed by Judge Kenneth M. Karas on 4/29/2011) (fk)
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| Transmission to Judgments and Orders Clerk. Transmitted re: 39 Order, to the Judgments and Orders Clerk. (fk) |
| Filing 38 NOTICE OF APPEARANCE by David R Marriott on behalf of Diana Lucia Montoya Alvarez (Marriott, David) |
| Filing 37 CALENDAR NOTICE: Please take notice that the above captioned action has been scheduling for oral argument on the pending Petition for Return of Child to Petitioner before the Honorable Kenneth M. Karas, United States District Judge, on Thursday, April 28, 2011, at 10:00 a.m. in Courtroom 521, U.S. District Court, 300 Quarropas Street, White Plains., New York 10601. Any scheduling difficulties must be brought to the attention of the Court in writing, at least five business days beforehand. (Signed by Judge Kenneth M. Karas on 4/11/2011) (fk) |
| Filing 36 TRANSCRIPT of proceedings held on February 3, 2011 before Judge Kenneth M. Karas. Court Reporter: Christina M. Arends-Dieck. (cda) |
| Filing 35 TRANSCRIPT of proceedings held on February 2, 2011 before Judge Kenneth M. Karas. Court Reporter: Christina M. Arends-Dieck. (cda) |
| Filing 34 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Diana Lucia Montoya Alvarez.(Moskowitz, Lauren) |
| Filing 33 POST TRIAL MEMORANDUM. Document filed by Diana Lucia Montoya Alvarez.(Moskowitz, Lauren) |
| Filing 32 POST TRIAL MEMORANDUM. Document filed by Manuel Jose Lozano.(Hein, John) |
| Filing 31 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Sharon M. Mills dated 2/7/2011 We represent Petitioner Manuel Jose Lozano in the above-referenced matter, in which an evidential hearing was held on February 2-3, 201 1.As Your Honor may recall, during cross-examination of Respondent's therapist onFebruary 3, Petitioner's counsel questioned the witness regarding Exhibit PX-3, which consisted of the therapist's notes, produced to us during discovery. Because PX-3 contained information regarding the therapist's identity and location and had been designated as "Highly Confidential" by Respondent pursuant to the Agreed Confidentiality Order, filed January 13, 2011, we used a redacted version of the exhibit at the hearing. During the examination, Your Honor discovered that certain redactions had been missed and notified counsel of the mistake. Respondent eventually moved the admission of PX-3 into evidence...ENDORSEMENT: The court appreciates counsel's efforts and its disclosure. At this point, there dose not seem to be anything else that should be done regarding this issue. So Ordered. (Signed by Judge Kenneth M. Karas on 2/7/2011) (jty) |
| Filing 30 MEMORANDUM OF LAW in Opposition re: 28 Endorsed Letter, 8 Petition (Other), Petition (Other) ("Memorandum of Law in Opposition to Petition for Return of Child to Petitioner")[REDACTED]. Document filed by Diana Lucia Montoya Alvarez. (Bierman, Carrie) |
| Filing 29 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Elizabeth L. Grayer dated 2/1/2011 I hereby withdraw my appearance as attorney for respondent Diana LuciaMontoya Alvarez. On February 7,2011, I will begin a leave of absence from Cravath, Swaine 62 Moore LLP to become President of Legal Momentum. Rachel G. Skaistis, also a member of the firm, along with Carrie R. Bierman, Etienne Bag-Townsend and Lauren Ann Moskowitz, are also representing respondent...ENDORSEMENT:The Clerk is respectfully request to docket this letter. The Clerk is respectfully requested to docket this letter. The court wishes Ms. Grayer the best at legal Momentum and thanks her for her willingness to take on this case. So Ordered. (Signed by Judge Kenneth M. Karas on 2/1/2011) (jty) |
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Filing 28
ENDORSED LETTER addressed to Judge Kenneth M. Karas from Carrie R. Bierman dated 2/1/2011 re: Enclosed please find Respondent's proposed redacted version of her Memorandum of Law in Opposition to Petition for Return of Child to Petitioner. ENDORSEMENT: The new proposed redactions are acceptable. Thus, the newly redacted version of Respondent's Memorandum of Law may be publicly filed. SO ORDERED. (Signed by Judge Kenneth M. Karas on 2/1/2011) (mml)
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| Filing 27 SEALED DOCUMENT placed in vault.(jty) |
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Filing 26
ORDER:The Court has review Respondent's proposed redacted version of her Memorandum of Law in Opposition to Petition for Return of Child to Petitioner (the "Memorandum"). Some of the proposed redactions do not fall within the categories of information the Court permitted to be redacted in its memorandum endorsement of the letter submitted by Respondent to the Court on January 10, 2011. The Court has highlighted, on the unredacted version of the Memorandum, the redactions that go beyond the scope of the Court's endorsement. These highlighted pages will be filed under seal and faxed to the Parties. Respondent shall either explain why the highlighted language should remain redacted, or submit a new proposed redacted version of the Memorandum with the indicated language unredacted, by February 1, 2011. SO ORDERED (Signed by Judge Kenneth M. Karas on 1/26/2011) (rj)
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| Filing 25 NOTICE OF APPEARANCE by Lauren Ann Moskowitz on behalf of Diana Lucia Montoya Alvarez (Moskowitz, Lauren) |
| Filing 24 NOTICE OF APPEARANCE by Rachel G Skaistis on behalf of Diana Lucia Montoya Alvarez (Skaistis, Rachel) |
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Filing 23
CONFIDENTIALITY ORDER: IT IS HEREBY STIPULATED BETWEEN THE PARTIES AND ORDERED that the following confidentiality procedures shall govern the production and exchange of all documents, testimony and other information produced, given or exchanged by and among all parties to the above-captioned action... IT IS SO ORDERED. (Signed by Judge Kenneth M. Karas on 1/13/2011) (mml)
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| Filing 22 ENDORSED LETTER addressed to Dear Judge Karas from Elizabeth L. Grayer dated 01/10/2011 re: We request permission to file under seal the enclosed unredacted version of Respondent Diana Lucia Montoya Alvarez's Memorandum of Law in Opposition to Petition for Return of Child to Petitioner (the "Opposition Memorandum"). We believe that the Opposition Memorandum contains sensitive personal information relating to the Respondent or her minor child, and we request that such information not be made available to the public. ENDORSEMENT: Respondent is to submit a new proposed redacted version of his opposing memorandum. What may be redacted from this memorandum is: (i) information that could indentify the child; (ii) information that could identify respondent's location either directly or indirectly; and (iii) privileged medical and mental health information. This redacted version is to be sumitted to the court for in camera review by January 24, 2011.. (Signed by Judge Kenneth M. Karas on 1/10/2011) (jma) |
| Filing 21 NOTICE OF APPEARANCE by Victor L. Prial on behalf of Manuel Jose Lozano (Prial, Victor) |
| Filing 20 NOTICE OF APPEARANCE by John Richard Hein on behalf of Manuel Jose Lozano (Hein, John) |
| Filing 19 RESPONSE to Petition (Other). Document filed by Diana Lucia Montoya Alvarez.(Grayer, Elizabeth) |
| Filing 18 NOTICE OF APPEARANCE by Carrie Rachel Bierman on behalf of Diana Lucia Montoya Alvarez (Bierman, Carrie) |
| Filing 17 SEALED DOCUMENT placed in vault.(jty) |
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Filing 16
AGREED SCHEDULING ORDER:Deadline for service of expert report by Respondent January 5,2011; Deadline for filing memorandum of law in opposition to the petition by respondent January 7,2011;Deadline for service of rebuttal expert report by Petitioner January 26,2011. Status Conference set for 2/2/2011 at 10:00 AM before Judge Kenneth M. Karas. SO ORDERED (Signed by Judge Kenneth M. Karas on 12/3/2010) (rj)
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| Filing 15 NOTICE OF APPEARANCE by Shawn Patrick Regan on behalf of Manuel Jose Lozano (Regan, Shawn) |
| Filing 14 NOTICE OF APPEARANCE by Etienne Townsend on behalf of Diana Lucia Montoya Alvarez (Townsend, Etienne) |
| Filing 13 NOTICE OF APPEARANCE by Elizabeth L Grayer on behalf of Diana Lucia Montoya Alvarez (Grayer, Elizabeth) |
| Filing 12 SEALED DOCUMENT placed in vault.(jma) |
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Filing 11
(REDACTED) ORDER.... The Respondent Diana Lucia Montoya Alvarez shall appear before this Court on the 16th day of November, 2010 at 11:00 am in Courtroom 521...for a hearing on the merits of the Petition for Return of Child to Petitioner... 5. That anyone interfering with the lawful execution of this order is subject to arrest by the United States Marshal and /or his representitive. 6. That the United States Marshal shall provide the passports and travel documents to the Court. 7. That if Respondent is not at the premises when the nited States Marshal attempts service, tha Marshal may delay service until no later than 6 pm. 8. That Petitioner shall hold harmless the United States Marshals Service and its employees from any and all claims, asserted in any court in connection with the execution of this Order, including any third party claims. So Ordered. (Signed by Judge Kenneth M. Karas on 11/15/10) (fk)
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Filing 10
(REDACTED) ORDER.... The Respondent Diana Lucia Montoya Alvarez shall appear before this Court on the 16th day of November, 2010 at 11:00 am in Courtroom 521...for a hearing on the merits of the Petition for Return of Child to Petitioner....So Ordered. (Signed by Judge Kenneth M. Karas on 11/12/10) (fk)
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| Filing 9 (REDACTED) NOTICE of PETITION UNDER HAGUE CONVENTION. Document filed by Manuel Jose Lozano. (fk) |
| Filing 8 (REDACTED) EMERGENCY PETITION FOR RETURN OF CHILD. (Filing Fee $ 350.00, Receipt Number 919405).Document filed by Manuel Jose Lozano. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F-1, # 7 Exhibit F-2, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I)(fk) |
| Filing 7 (REDACTED) MOTION for Amos Whitney Barclay to Appear Pro Hac Vice. Document filed by Manuel Jose Lozano. (jma) (fk). Modified on 11/19/2010 (fk). |
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Filing 6
ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Amos Whitney Barclay for Manuel Jose Lozano admitted Pro Hac Vice.$25.00 fee paid, #919463. (Signed by Judge Kenneth M. Karas on 11/16/2010) (jma) (fk).
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Filing 5
ORDER: Respondent and counsel for Petitioner appeared before the Court at a conference on November 16, 2010. For the reasons stated on the record, Respondent is not required to post a bond. Additionally, Petitioner may not contact directly Respondent or the child of Petitioner and Respondent, nor may anyone contact Respondent or the child on Petitioner's behalf, except forPetitioner's counsel and others working with Petitioner's counsel on this matter. The Parties will appear before the Court for a conference on November 23, 2010, at 10:00 AM. So Ordered. (Signed by Judge Kenneth M. Karas on 11/16/10) (fk)
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Filing 4
ORDER: Respondent and counsel for Petitioner appeared before the Court at a conference on November 16, 2010. For the reasons stated on the record, this matter shall be unsealed. However, Petitioner's original submission of November 10, 2010, the Court's Order of November 12, 2010, and the Court's Amended Order of November 15,20 10, are to remain sealed. Versions of these documents, with the Respondent's address and information identifyingthe child of Petitioner and Respondent redacted, shall be filed by Petitioner via ECF by November 19, 2010, and will remain under seal until further order of the Court, and all future documents shall be filed with such information redacted. So Ordered. (Signed by Judge Kenneth M. Karas on 11/16/10) (fk)
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| Case Designated ECF. (fk) |
| Magistrate Judge Lisa M. Smith is so designated. (fk) |
| Filing 3 SEALED DOCUMENT placed in vault.(jty) |
| Filing 2 SEALED DOCUMENT placed in vault.(fk) |
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Filing 1
ORDER, Case sealed. (Signed by Judge Cathy Seibel on 11/10/10) (fk)
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| Petitioner: Manuel Jose Lozano | |
| Represented By: | Amos Whitney Barclay |
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| Respondent: Diana Lucia Montoya Alvarez | |
| Represented By: | Elizabeth L Grayer |
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