CHAMBERS v. RUSSELL

CHAMBERS v. RUSSELL

Petitioner:	DORIAN O. CHAMBERS
Respondent:	LEOPOLD S.P. RUSSELL
Case Number:	1:2020cv00498
Filed:	June 5, 2020
Court:	US District Court for the Middle District of North Carolina
Presiding Judge:	WILLIAM L OSTEEN
Referring Judge:	JOE L WEBSTER
Nature of Suit:	Other Statutory Actions
Cause of Action:	28 U.S.C. § 1331
Jury Demanded By:	None

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Docket Report

This docket was last retrieved on April 22, 2021. A more recent docket listing may be available from PACER.

Date Filed	Document Text
July 28, 2020	Filing 23 MOTION to Dismiss by LEOPOLD S.P. RUSSELL. Response to Motion due by 8/18/2020 (JOHNSON, CARNELL)
July 23, 2020	Set/Reset Deadlines/Hearings: Bench Trial (via ZOOM video conference) set for 8/5/2020 09:30 AM in Greensboro Courtroom #1 before JUDGE WILLIAM L. OSTEEN JR. (Welch, Kelly)
July 23, 2020	Minute Entry for proceedings held before JUDGE WILLIAM L. OSTEEN, JR., in G-1: Case called on 7/23/2020 for Hearing on #1 Petitioner's Verified Petition for Return of the Child Under The "Hague Convention." Attorney Afi Johnson-Parris appeared on behalf of the Petitioner. Attorney Carnell T. Johnson appeared on behalf of the Respondent. For the reasons stated on the record this hearing has been continued to a video-conference hearing. The Court is converting the hearing on the preliminary injunction to a trial on the merits of the petition. Without objection from the parties the preliminary injunction is extended. Bench Trial (via ZOOM video conference) is set for 8/5/2020 09:30 AM in Greensboro Courtroom #1 before JUDGE WILLIAM L. OSTEEN JR. (Court Reporter Joseph Armstrong.) (Welch, Kelly)
July 21, 2020	CASE REFERRED re: #21 Memorandum of Law, #22 Trial Brief, to JUDGE WILLIAM L. OSTEEN, JR. (Welch, Kelly)
July 20, 2020	Filing 22 Petitioner's Trial BRIEF . (Attachments: #1 Exhibit Pet. Trial Brief Ex. A, #2 Exhibit Pet. Trial Brief Ex. B)(JOHNSON-PARRIS, AFI)
July 20, 2020	Filing 21 MEMORANDUM filed by Respondent LEOPOLD S.P. RUSSELL re #1 Complaint,, #17 Motion Hearing,,,,,, filed by LEOPOLD S.P. RUSSELL. (Attachments: #1 Exhibit)(JOHNSON, CARNELL)
July 13, 2020	Filing 20 NOTICE to Take Deposition of Dorian Chambers on 07/15/20 by LEOPOLD S.P. RUSSELL.(JOHNSON, CARNELL)
July 13, 2020	Filing 19 NOTICE by DORIAN O. CHAMBERS of Deposition to Respondent (JOHNSON-PARRIS, AFI)
July 1, 2020	Filing 18 ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 07/01/2020, that Petitioner's Ex Parte Motion under the Hague Convention for a Temporary Restraining Order and Scheduling of an Expedited Hearing, (Doc. #2 ), insofar as it requests a preliminary injunction in this matter, is GRANTED. FURTHER that a preliminary injunction is issued in this matter and Respondent, Leopold S.P. Russell, or anyone acting on his behalf or at his direction, is ENJOINED AND PROHIBITED from removing the Child from the Middle District of North Carolina and the jurisdiction of this court pending a final order and judgment from this Court resolving Petitioner's Verified Hague Petition. FURTHER that Respondent shall make the Child available to the court as necessary during the pendency of this action. FURTHER that Respondent, or anyone acting on his behalf or at his direction, shall not, under any circumstances, conceal the Child from the court. FURTHER that Respondent shall appear for a hearing on Petitioner's Verified Hague Petition on July 23, 2020, at 9:30 a.m., at the L. Richardson Preyer Federal Courthouse, 324 W. Market Street, Greensboro, North Carolina 27401, First Floor, Courtroom No. 1, before the undersigned district judge. FURTHER that Z.R.'s Jamaican passport, which Respondent Leopold S.P. Russell surrendered to the court on July 1, 2020, shall remain with the court until a final order in this case has been entered.(Taylor, Abby)
July 1, 2020	Filing 17 Minute Entry for proceedings held before JUDGE WILLIAM L. OSTEEN, JR., in G-1: Case called for hearing on preliminary injunction matter on 7/1/2020. Attorney Afi S. Johnson-Parris appeared on behalf of Petitioner. Attorney Carnell T. Johnson appeared on behalf of Respondent. Parties agree that the minor child should be sequestered from the courtroom during this proceeding. Parties confer and agree to the preliminary injunction staying in place, and disagree with respect to discovery issues. Court grants preliminary injunction (written order forthcoming.) Court grants #16 Motion to Continue filed by LEOPOLD S.P. RUSSELL. After hearing from the parties, the Court will permit a brief discovery period not to exceed two weeks during which the respondent may take a deposition of the petitioner, no more than 30 minutes in length. Should the respondent choose to exercise that right, petitioner may take a deposition of the respondent no more than 30 minutes in length. Any depositions shall be conducted by videoconference unless the parties mutually agree otherwise. Trial briefs due on or before Monday, July 20, at 5:00 p.m. setting forth the parties' respective positions. No responses will be permitted. The parties will be permitted an argument at the close of the hearing on July 23. Court reserves its findings with respect to conducting an in-camera review at the hearing on 7/23/2020. The Court will hold in its possession the minor child's Passport & Visa (see exhibit/witness list.) Final hearing set 7/23/2020 at 9:30 a.m. in Greensboro, Courtroom 1. (Court Reporter Joseph Armstrong.) (Welch, Kelly)
July 1, 2020	ORAL ORDER granting #16 Motion to Continue. Issued by JUDGE WILLIAM L. OSTEEN, JR on 7/1/2020. (See Minute Entry on 7/1/2020.) (Welch, Kelly)
July 1, 2020	Set Final Motion Hearing set for 7/23/2020 09:30 AM in Greensboro Courtroom #1 before JUDGE WILLIAM L. OSTEEN JR. (Taylor, Abby)
June 30, 2020	Filing 16 Second MOTION to Continue by LEOPOLD S.P. RUSSELL. Responses due by 7/21/2020 (JOHNSON, CARNELL)
June 30, 2020	Filing 15 Verified ANSWER to Petition for Removal by LEOPOLD S.P. RUSSELL. (Attachments: #1 Exhibit)(JOHNSON, CARNELL)
June 24, 2020	Filing 14 ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 06/24/2020, that Respondent's amended motion to continue, (Doc. #13 ), is GRANTED and that the hearing is continued from June 25, 2020, to July 1, 2020, at 9:30 a.m. in Greensboro Courtroom 1. FURTHER that Respondent's motion to continue, (Doc. #12 ), is DENIED AS MOOT. FURTHER that the temporary restraining order, (Doc. #8 ), is extended, and remains in full force and effect, to and including July 1, 2020, through conclusion of the hearing on the preliminary injunction.(Taylor, Abby)
June 24, 2020	Filing 13 Amended MOTION to Continue by LEOPOLD S.P. RUSSELL. (JOHNSON, CARNELL)
June 24, 2020	Set Motion Hearing for 7/1/2020 09:30 AM in Greensboro Courtroom #1 before JUDGE WILLIAM L. OSTEEN JR. (Taylor, Abby)
June 24, 2020	TEXT ORDER - This court has reviewed the motion to continue, (Doc. 12), filed by counsel for Defendant. While this court believes the motion states good cause for the continuance, a temporary restraining order "expires at the time after entry not to exceed 14 days that the court sets, unless before that time the court, for good cause, extends it for a like period or the adverse party consents to a longer extension." Fed. R. Civ. P. 65(b)(2). While both parties consent to a continuance, the parties have not addressed the issue of whether the temporary restraining order should be extended or whether there is good cause to continue a hearing or the parties consent to a longer extension. Petitioner and Respondent are therefore directed to consult on how to proceed with the temporary restraining order and any hearing and, if agreement is reached, the parties shall so advise the court. If no agreement is reached, the court will deny the motion to continue and proceed with the hearing as scheduled. [Issued by JUDGE WILLIAM L. OSTEEN, JR., on 06/24/2020.] (Cable, Frances)
June 23, 2020	Filing 12 Consent MOTION to Continue by LEOPOLD S.P. RUSSELL. (JOHNSON, CARNELL)
June 23, 2020	Filing 11 NOTICE of Appearance by attorney CARNELL T. JOHNSON on behalf of Respondent LEOPOLD S.P. RUSSELL (JOHNSON, CARNELL)
June 23, 2020	Motion Submitted re: #12 Consent MOTION to Continue, to JUDGE WILLIAM L. OSTEEN, JR. (Welch, Kelly)
June 22, 2020	Filing 10 ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 06/22/2020, that Petitioner's motion for continuance (Doc. #9 ), is GRANTED and that the hearing is continued to June 25, 2020, at 9:30 a.m. in Greensboro Courtroom Because of the late entry of this order, counsel for Petitioner should remain available for a status conference today at 2:00 in the event Respondent should appear for this hearing. Petitioner shall serve a copy of the motion to continue and this order upon Respondent.(Taylor, Abby)
June 22, 2020	Filing 9 MOTION to Continue June 22, 2020 Hearing by DORIAN O. CHAMBERS. (Attachments: #1 Text of Proposed Order Proposed Order)(JOHNSON-PARRIS, AFI)
June 22, 2020	Motion Hearing set for 6/25/2020 09:30 AM in Greensboro Courtroom #1 before JUDGE WILLIAM L. OSTEEN JR. (Taylor, Abby)
June 22, 2020	Motion Submitted re: #9 MOTION to Continue June 22, 2020 Hearing, to JUDGE WILLIAM L. OSTEEN, JR. (Welch, Kelly)
June 16, 2020	Filing 8 ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 06/16/2020, that Petitioner's Ex Parte Motion under the Hague Convention for a Temporary Restraining Order and Scheduling of an Expedited Hearing, (Doc. #2 ), is GRANTED. FURTHER ORDERED that a temporary restraining order is issued in this matter and Respondent, Leopold S.P. Russell, or anyone acting on his behalf or at his direction, is ENJOINED AND PROHIBITED from removing the Child from the Middle District of North Carolina and the jurisdiction of this court pending final resolution of Petitioners Verified Hague Petition. FURTHER ORDERED that Respondent shall make the Child available to the court as necessary during the pendency of this action. FURTHER ORDERED that Respondent, or anyone acting on his behalf or at his direction, shall not, under any circumstances, conceal the Child from the court. FURTHER ORDERED that Respondent shall appear for a hearing on Petitioners related request for a preliminary injunction at the date, time, and location specified below. FURTHER ORDERED that Petitioner, by and through the United States Marshals Service or an agency or entity authorized by law to serve process, shall immediately affect personal service of copies of the following documents on Respondent Leopold S.P. Russell: a. This Order; b. The Verified Expedited Petition and its attachments (Doc. 1); and c. Petitioners ex parte motion and memorandum in support (Docs. 2, 3). FURTHER ORDERED that Respondent Leopold S.P. Russell shall surrender any and all of Z.R.s travel documents including his Jamaican passport to the United States Marshals Service or other law enforcement agency to be held in custody by such agency and tendered at the hearing on the petition and preliminary injunction as set forth below. FURTHER ORDERED that this temporary restraining order shall remain in effect for a period of fourteen (14) days from entry, and that a hearing on Petitioner's related request for a preliminary injunction shall occur on Monday, June 22, 2020, at 2 p.m., at the L. Richardson Preyer Federal Courthouse, 324 W. Market Street, Greensboro, North Carolina 27401, First Floor, Courtroom No. 1 before the undersigned district judge.(Taylor, Abby)
June 16, 2020	Set Motion Hearing set for 6/22/2020 02:00 PM in Greensboro Courtroom #1 before JUDGE WILLIAM L. OSTEEN JR.. (Taylor, Abby)
June 12, 2020	Case reassigned to JUDGE WILLIAM L. OSTEEN, JR. UNASSIGNED no longer assigned to the case. (Marsh, Keah)
June 12, 2020	Motion Submitted re: #2 Petitioner's Ex Parte Motion Under the Hague Convention for Temporary Restraining Order and Scheduling of An Expedited Hearing, to JUDGE WILLIAM L. OSTEEN, JR. (Welch, Kelly)
June 9, 2020	Filing 7 Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: #1 Consent Form) (Sheets, Jamie)
June 9, 2020	Filing 6 Summons Issued as to LEOPOLD S.P. RUSSELL. (Sheets, Jamie)
June 5, 2020	Filing 5 PROPOSED ORDER as to #2 Petitioner's Ex Parte Motion Under the Hague Convention for Temporary Restraining Order and Scheduling of An Expedited Hearing (JOHNSON-PARRIS, AFI) Modified on 6/12/2020 to edit text(Welch, Kelly).
June 5, 2020	Filing 4 NOTICE OF INTENT TO RAISE FOREIGN LAW filed by Petitioner DORIAN O. CHAMBERS re: #1 Complaint, (JOHNSON-PARRIS, AFI)
June 5, 2020	Filing 3 BRIEF IN SUPPORT of #2 Petitioner's Ex Parte Motion Under the Hague Convention for Temporary Restraining Order and Scheduling of an Expedited Hearing. (JOHNSON-PARRIS, AFI)
June 5, 2020	Filing 2 EX PARTE MOTION Under the Hague Convention for Temporary Restraining Order and Scheduling of an Expedited Hearing by DORIAN O. CHAMBERS. Response to Motion due by 6/26/2020 (JOHNSON-PARRIS, AFI) Modified on 6/12/2020 to edit title of document (Welch, Kelly).
June 5, 2020	Filing 1 COMPLAINT Verified Petition For Return of The Child Under The Convention On the Civil Aspects of International Child Abduction (The "Hague Convention") against LEOPOLD S.P. RUSSELL (Filing fee $ 400 receipt number 0418-2818559), filed by DORIAN O CHAMBERS. (Attachments: #1 Exhibit Pet. Ex. A, #2 Exhibit Pet. Ex. B, #3 Exhibit Pet. Ex. C, #4 Exhibit Pet. Ex D, #5 Exhibit Pet. Ex. E, #6 Exhibit Pet. Ex. F, #7 Exhibit Pet. Ex. G, #8 Exhibit Pet. Ex. H, #9 Exhibit Pet. Ex. I, #10 Exhibit Pet. Ex. J, #11 Exhibit Pet. Ex. K, #12 Exhibit Pet. Ex. L, #13 Exhibit Pet. Ex. M, #14 Exhibit Pet. Ex. N.)(JOHNSON-PARRIS, AFI)
June 5, 2020	CASE REFERRED to Standing Order 30. (Sheets, Jamie)
June 5, 2020	Case ASSIGNED to UNASSIGNED and MAG/JUDGE JOE L. WEBSTER. (Sheets, Jamie)

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Respondent: LEOPOLD S.P. RUSSELL
Represented By:	CARNELL T. JOHNSON
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Petitioner: DORIAN O. CHAMBERS
Represented By:	AFI S. JOHNSON-PARRIS
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