Braude v. Zierler
| Gadi Braude |
| Dorona Mia Zierler |
| 7:2022cv03586 |
| May 3, 2022 |
| US District Court for the Southern District of New York |
| Nelson Stephen Roman |
| Other Statutory Actions |
| 42 U.S.C. § 11601 International Child Abduction Remedies Act |
| None |
Docket Report
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This docket was last retrieved on December 14, 2022. A more recent docket listing may be available from PACER.
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Filing 30
WITNESS LIST. Document filed by Dorona Mia Zierler. (Attachments: #1 Exhibit Curriculum Vitae of Elizabeth L. Jeglic, Ph.D., #2 Exhibit Witness and Consultation Fees of Elizabeth L. Jeglic, Ph.D).(Thorsen, Eric)
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Filing 29
RULE 26 DISCLOSURE.Document filed by Dorona Mia Zierler. (Attachments: #1 Exhibit CV of Elizabeth L. Jeglic, PhD - potential expert witness).(Thorsen, Eric)
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Filing 28
NOTICE of of Filing of Second Affidavit of Canadian Law. Document filed by Gadi Braude. (Attachments: #1 Affidavit Affidavit of Canadian Law (James Marks), #2 Exhibit A - CV of James Marks, #3 Exhibit B - Ontario Children's Law Reform Act Part III, #4 Exhibit C - Ontario Children's Law Reform Act Section 18, #5 Exhibit D - Knight v. Gottesman, #6 Exhibit E - Sabeahat v. Sabihat, #7 Exhibit F - Hughes v. Dickinson).(Powers, Kelly)
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Filing 27
TRANSCRIPT of Proceedings re: Show Cause hearing held on 5/20/2022 before Judge Nelson Stephen Roman. Court Reporter/Transcriber: Darby Ginsberg, (914) 390-4102. 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 6/23/2022. Redacted Transcript Deadline set for 7/5/2022. Release of Transcript Restriction set for 8/31/2022..(Ginsberg, Darby)
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Filing 26
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Show Cause hearing proceeding held on 05/20/2022 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....(Ginsberg, Darby)
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Filing 25
NOTICE of Filing of Affidavit of Canadian Law. Document filed by Dorona Mia Zierler..(Thorsen, Eric)
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Filing 24
LETTER addressed to Judge Nelson Stephen Roman from Eric Ole Thorsen dated May 27, 2022 re: motion to dismiss. Document filed by Dorona Mia Zierler..(Thorsen, Eric)
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Filing 23
AFFIDAVIT OF SERVICE of Verified Answer to Petition served on Stephen Cullen, Kelly Powers, Jessica DuHoffmann on May 25, 2022. Document filed by Dorona Mia Zierler..(Thorsen, Eric)
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Filing 22
RESPONSE to #5 Petition (Other). Document filed by Dorona Mia Zierler. (Attachments: #1 Exhibit A - Application for permission to relocate to New York State, #2 Exhibit B - News Articles re digital child exploitation, #3 Exhibit C - Criminal Release Order and Bail Conditions, #4 Exhibit D - Letter from Jewish Child & Family Services 1.21.22, #5 Exhibit E - Order of Canadian Court 3.21.22, #6 Exhibit F - Sullivan County, NY Family Offense Petition 4.20.22, #7 Exhibit G - Temporary Order of Protection, Sullivan County Family Court 5.16.22).(Thorsen, Eric)
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Filing 21
NOTICE of Filing of Affidavit of Canadian Law. Document filed by Gadi Braude. (Attachments: #1 Exhibit 1 - Affidavit of Canadian Law, #2 Exhibit 2 - Ontario Children's Law Reform Act).(Powers, Kelly)
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Filing 20
STIPULATED ORDER REGARDING CONFIDENTIALITY OF DISCOVERY MATERIAL...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Nelson Stephen Roman on 5/23/22) (yv)
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Filing 19
EXPEDITED SCHEDULING ORDER: The Convention on the Civil Aspects of International Child Abduction, done at The Hague on October 25, 1980; International Child Abduction Remedies Act, 22 U.S.C. 9001 et seq. Pursuant to the 1980 Convention on the Civil Aspects of International Child Abduction (the "Hague Convention"), the International Child Abduction Remedies Act ("ICARA"), the Federal Rules of Civil Procedure, and this Court's Local Rules, and the expedited nature of this treaty action: IT IS ORDERED: Respondent's Answer. The Respondent shall file her Answer the Petitioner's Verified Petition for Return of Children to Canada no later than May 31, 2022. Respondent's Motion to Dismiss. The Respondent may file any Motion to Dismiss the Petitioner's Verified Petition for Return of Children to Canada on or before June 3, 2022. The Petitioner's opposition thereto shall be filed on or before June 10, 2022. The Respondent's reply to the opposition shall be filed on or before June 15, 2022. Initial Disclosures. Both parties shall serve their initial disclosures in accordance with Federal Rule of Civil Procedure 26(a)(l) on June 17, 2022. Filing and Exchange of Witness Lists, Exhibit Lists, and Exhibits. The parties shall file their proposed Evidentiary Hearing Witness Lists and Exhibit Lists on July 6, 2022 and shall electronically serve copies of their respective Proposed Evidentiary Hearing Exhibits on the opposing party on the same date. Pretrial Briefs. The parties shall each file a Pretrial Brief addressing the legal issues before the Court on July 8, 2022. Evidentiary Hearing. The four-day Evidentiary Hearing shall be held before this Court in White Plains, New York, beginning on July 11, 2022, commencing at 9:30 a.m. each day. The Petitioner shall be permitted to testify remotely by video transmission. Motions due by 6/3/2022. Responses due by 6/10/2022, Replies due by 6/15/2022. (Signed by Judge Nelson Stephen Roman on 5/23/2022) (jca)
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Filing 18
PROPOSED STIPULATION AND ORDER. Document filed by Gadi Braude..(Powers, Kelly)
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Filing 17
PROPOSED SCHEDULING ORDER. Document filed by Gadi Braude..(Powers, Kelly)
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Set/Reset Deadlines: Dorona Mia Zierler answer due 5/31/2022., Set/Reset Hearings: (Evidentiary Hearing set for 7/11/2022 at 09:30 AM before Judge Nelson Stephen Roman.) (jca)
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Minute Entry for proceedings held before Judge Nelson Stephen Roman: Show Cause Hearing held on 5/20/2022. Plaintiffs counsel Stephen Cullen, Esq. and Kelly Ann Powers, Esq. present. Defendants counsel Eric Thorsen, Esq., Ilene Graff, Esq. and Alexa Blanco, Esq. present. Court Reporter is Darby Ginsberg. Oral argument held. Counsel will submit a Confidentiality Order and an Expedited Scheduling Order on May 23, 2022. A four-day Evidentiary Hearing is scheduled for July 11, 2022 at 9:30 am. See transcript. ( Evidentiary Hearing set for 7/11/2022 at 09:30 AM in Courtroom 218, 300 Quarropas Street, White Plains, NY 10601 before Judge Nelson Stephen Roman.). (Court Reporter Darby Ginsberg) (gs)
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Filing 16
PROPOSED SCHEDULING ORDER. Document filed by Gadi Braude..(Cullen, Stephen)
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Filing 15
AFFIDAVIT OF SERVICE of Notice of Appearance served on Jessica A. DuHoffmann, Esq. on May 18, 2022. Service was made by Mail. Document filed by Dorona Mia Zierler..(Thorsen, Eric)
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Filing 14
NOTICE OF APPEARANCE by Eric Ole Thorsen on behalf of Dorona Mia Zierler..(Thorsen, Eric)
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Filing 13
AFFIDAVIT OF SERVICE of Order to Show Cause, Writ of Summons, Initiating Hague Convention Pleadings and Papers served on Dorona Zierler on May 9, 2022. Service was accepted by Sarah Zierler, Sister. Document filed by Gadi Braude. (Attachments: #1 Exhibit A, #2 Exhibit B).(Cullen, Stephen)
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Filing 12
SHOW CAUSE ORDER: 1. ORDERED, that the Petitioner, Gadi Braude (the "Father"), and the Respondent, Dorona Mia Zierler (the "Mother"), are prohibited from removing the NBB (male; born in 2017) and AMAB (male; born in 2021) (collectively the "children"), or causing the children to be removed from the jurisdiction of this Court, pending final disposition of the above-referenced Petition; and it is further 2. ORDERED, that the Mother shall promptly surrender any passports, identity cards, visas, and other travel documents for the children in her possession, custody, or control to the Court to be held by the Mother's attorney for safe-keeping during the pendency of these proceedings; and it is further 3. ORDERED, that a copy of this Show Cause Order, and a copy of the Petition, together with all other filings to date, shall be served on or before 5/13/2022 by personal service, or alternate means if unsuccessful, upon the Mother; and it is further 4. ORDERED, that an expedited scheduling conference shall be held before this Court on 5/20/2022 at 4p.m. at room 218, The Hon. Charles L. Brieant Jr. Federal Building and United States Courthouse, 300 Quarropas Street, White Plains, NY 10601-4150 in Westchester County and State of New York. The Father may dial in to observe the proceeding. To access the teleconference, please follow these directions: (1) Dial the Meeting Number: (877) 336-1839; (2) Enter the Access Code: 1231334#; (3) Press pound (#) to enter the teleconference as a guest. At the scheduling conference, dates shall be set for an expedited evidentiary hearing on the merits of the Petition and all other expedited pretrial deadlines. The Clerk of Court is kindly directed to terminate the motion at ECF No. 7. SO ORDERED. (Telephone Conference set for 5/20/2022 at 04:00 PM in Courtroom 218, 300 Quarropas Street, White Plains, NY 10601 before Judge Nelson Stephen Roman.) (Signed by Judge Nelson Stephen Roman on 5/6/2022) (mml)
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Filing 11
ELECTRONIC SUMMONS ISSUED as to Dorona Mia Zierler. (sj)
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Filing 10
ORDER granting #4 Motion for Stephen J. Cullen to Appear Pro Hac Vice. The Clerk of Court is kindly directed to terminate the motion at ECF No. 4. (Signed by Judge Nelson Stephen Roman on 5/6/2022) (ate)
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Filing 9
ORDER granting #6 Motion for Kelly A. Powers to Appear Pro Hac Vice. The Clerk of Court is kindly directed to terminate the motion at ECF No. 6. (Signed by Judge Nelson Stephen Roman on 5/6/2022) (ate)
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Filing 8
REQUEST FOR ISSUANCE OF SUMMONS as to Dorona Mia Zierler, re: #5 Petition (Other). Document filed by Gadi Braude..(duHoffmann, Jessica)
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Magistrate Judge Judith C. McCarthy 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. (sj)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jessica A. duHoffmann. The following case opening statistical information was erroneously selected/entered: County code Sullivan. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of U.S.. (sj)
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Case Designated ECF. (sj)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Nelson Stephen Roman. 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..(sj)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #6 MOTION for Kelly Ann Powers to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26102328. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Jessica A. duHoffmann to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): Summons must be linked to the corresponding pleading. 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. (sj)
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Filing 7
MOTION to Expedite Proceedings and for Provisional Remedies Pursuant to Hague Convention Law. Document filed by Gadi Braude. (Attachments: #1 Text of Proposed Order (Proposed Show Cause Order)).(duHoffmann, Jessica)
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Filing 6
MOTION for Kelly Ann Powers to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26102328. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Gadi Braude. (Attachments: #1 Exhibit A - Admission List, #2 Exhibit B - Certificates of Good Standing, #3 Exhibit C - Affidavit, #4 Text of Proposed Order (Granting Admission Pro Hac Vice)).(Powers, Kelly)
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Filing 5
PETITION FOR RETURN OF CHILDREN TO CANADA. (Filing Fee $ 402.00, Receipt Number ANYSDC-26101483).Document filed by Gadi Braude..(duHoffmann, Jessica)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #4 MOTION for Stephen J. Cullen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26097161. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jessica A. duHoffmann to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the wrong event type was used to file the pleading. Re-file the pleading using the event type Petition Other found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 5/9/2022. (sj)
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Filing 4
MOTION for Stephen J. Cullen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26097161. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Gadi Braude. (Attachments: #1 Exhibit A - Admission List, #2 Exhibit B - Certificates of Good Standing, #3 Exhibit C - Affidavit, #4 Text of Proposed Order (Granting Admission Pro Hac Vice)).(Cullen, Stephen)
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Filing 3
FILING ERROR - SUMMONS NOT LINKED TO CORRESPONDING PLEADING REQUEST FOR ISSUANCE OF SUMMONS as to Dorona Mia Zierler, re: #1 Complaint. Document filed by Gadi Braude..(duHoffmann, Jessica) Modified on 5/5/2022 (sj).
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Filing 2
CIVIL COVER SHEET filed..(duHoffmann, Jessica)
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Filing 1
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU COMPLAINT against Dorona Mia Zierler. (Filing Fee $ 402.00, Receipt Number ANYSDC-26097088)Document filed by Gadi Braude..(duHoffmann, Jessica) Modified on 5/4/2022 (sj).
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| Petitioner: Gadi Braude | |
| Represented By: | Stephen John Cullen |
| Represented By: | Jessica A. duHoffmann |
| Represented By: | Kelly Ann Powers |
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| Respondent: Dorona Mia Zierler | |
| Represented By: | Eric Ole Thorsen |
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