HERNANDEZ ZELAYA v. BONILLA MALDONADO et al
| Ms. Krizia Hernandez Zelaya and KRIZIA HERNANDEZ ZELAYA |
| MR. MANUEL BONILLA MALDONADO, MS. SAYDA BONILLA PALACIOS, MANUEL BONILLA MALDONADO and SAYDA YAMILEH BONILLA PALACIOS |
| 1:2021cv00581 |
| July 15, 2021 |
| US District Court for the Middle District of North Carolina |
| L PATRICK AULD |
| LORETTA C BIGGS |
| Other Statutory Actions |
| None |
Docket Report
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This docket was last retrieved on August 19, 2021. A more recent docket listing may be available from PACER.
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Filing 19
ORDER GRANTING HAGUE CONVENTION PETITION RETURNING CHILD TO HONDURAS signed by JUDGE LORETTA C. BIGGS on 8/19/2021; that Petitioner's Motion for return of the minor child to Honduras is GRANTED, and the child shall be immediately returned to Honduras and Petitioner's custody as set out herein. (Sheets, Jamie)
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| Filing 18 Minute Entry for proceedings held before JUDGE LORETTA C. BIGGS: Hearing on #2 Petition for Return of Child held on 8/18/2021. Petitioner Krizia Hernandez Zelaya appeared via Zoom. Attorneys Ashley N. Walker, Larissa M. Mervin, Sarah E. Mabry-Caraffa, and Teandra M. Miller appeared on behalf of the Petitioner. Respondents Manuel Bonilla Maldonado, and Sayda Yamileh Bonilla Palacios appeared Pro se. Javier Castillo and Susana Gee affirmed as Spanish Interpreters. Evidence presented. Court GRANTS Petitioner's Petition seeking return of child to Honduras. Written Order forthcoming. (Court Reporter Lori Russell.) (Blay, Debbie) |
| Filing 17 NOTICE of Attorney Appearance by attorney ASHLEY N. WALKER on behalf of Petitioner KRIZIA HERNANDEZ ZELAYA (Attachments: #1 Certificate of Service)(WALKER, ASHLEY) |
| Filing 16 NOTICE of Attorney Appearance by attorney LARISSA M. MERVIN on behalf of Petitioner KRIZIA HERNANDEZ ZELAYA (Attachments: #1 Certificate of Service on Pro Se Parties) (MERVIN, LARISSA) |
| Filing 15 NOTICE of Attorney Appearance by attorney TEANDRA M. MILLER on behalf of Petitioner KRIZIA HERNANDEZ ZELAYA (MILLER, TEANDRA) |
| Filing 14 USMS Return Executed for Complaint, Summons, and Notice served on SAYDA YAMILEH BONILLA PALACIOS on 7/24/2021. (Sheets, Jamie) |
| Filing 13 USMS Return Executed for Complaint, Summons, and Notice served on MANUEL BONILLA MALDONADO on 7/29/2021. (Sheets, Jamie) |
| Filing 12 FILED IN ERROR NOTICE of Attorney Appearance (MABRY-CARAFFA, SARAH) Modified on 7/28/2021 to mark filed in error - Correct attorney to file own notice of appearance. (Sheets, Jamie) |
| Filing 11 Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: #1 Consent Form) (Sheets, Jamie) |
| Filing 10 Summons Issued as to MANUEL BONILLA MALDONADO, SAYDA BONILLA PALACIOS. (Attachments: #1 Summons - Sayda Bonilla Palacios) (Sheets, Jamie) |
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Filing 9
ORDER GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS signed by MAG/JUDGE L. PATRICK AULD on 7/19/2021; that Plaintiff in the above-entitled proceeding be, and is hereby, permitted to commence said proceeding in this Court without prepayment of fees or costs, or giving security therefor. [28 U.S.C. 1915(a)] Plaintiff is responsible for preparing and delivering to the Clerk, the correct summons for service on each Defendant, including the correct address and the name and title of the individual to be served on behalf of a corporation, association, infant, incompetent or government agency. Failure to prepare and deliver said summons within 15 days from the filing of this order shall result in this case being dismissed without further notice. The U.S. Marshal shall serve the summons and complaint upon Defendant. (Sheets, Jamie)
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| Filing 8 NOTICE of Hearing: Preliminary Injunction Hearing and Hearing on the Merits of the Petition if the Court deems appropriate set for 8/18/2021 at 10:00 AM in Winston-Salem Courtroom #4 before JUDGE LORETTA C. BIGGS. (Blay, Debbie) |
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Filing 7
EX PARTE ORDER GRANTING TEMPORARY RESTRAINING ORDER AND EXPEDITED HEARING ON THE MERITS signed by JUDGE LORETTA C. BIGGS on 7/16/2021; granting #5 Motion for TRO as follows: 1. The Court finds that this relief is necessary to prevent irreparable injury. 2. Respondents are hereby prohibited from removing the child, E.B.H. from the jurisdiction of this Court pending a hearing on the merits of the Verified Complaint, and no person acting in concert or participating with Respondents shall take any action to remove the child from the jurisdiction of this Court pending a determination on the merits of this Petition. 3. A preliminary injunction hearing related to this petition, and hearing on the merits of the petition if the Court deems appropriate, is hereby scheduled to be held on Wednesday, August 18, 2021, at 10:00 a.m. in the Hiram Ward Federal Courthouse, Winston-Salem, NC, Courtroom No. 4. 4. Respondents are hereby directed to show cause at this hearing why the child should not be returned to Honduras and why the other relief requested in the Verified Complaint should not be granted. 5. The Court hereby orders that the trial on this action on the merits will be advanced and consolidated, if deemed appropriate by the Court, with the preliminary injunction hearing scheduled above. (Hicks, Samantha)
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| Motion Referred: RE: #1 APPLICATION to Proceed IFP FORM 41 to MAG/JUDGE L. PATRICK AULD. (Hicks, Samantha) |
| Case ASSIGNED to JUDGE LORETTA C. BIGGS and MAG/JUDGE L. PATRICK AULD. (Hicks, Samantha) |
| Motion Submitted: #5 First MOTION for Temporary Restraining Order & Scheduling of Expedited Hearing to JUDGE LORETTA C. BIGGS. (Blay, Debbie) |
| Filing 6 Brief in Support of 1st Motion BRIEF re #5 First MOTION for Temporary Restraining Order & Scheduling of Expedited Hearing . (MABRY-CARAFFA, SARAH) |
| Filing 5 First MOTION for Temporary Restraining Order & Scheduling of Expedited Hearing by Krizia Hernandez Zelaya. Response to Motion due by 8/5/2021 (Attachments: #1 Text of Proposed Order)(MABRY-CARAFFA, SARAH) |
| Filing 4 FILED IN ERROR NOTICE of Attorney Appearance by attorney SARAH E. MABRY-CARAFFA on behalf of Petitioner Krizia Hernandez Zelaya (MABRY-CARAFFA, SARAH) Modified on 7/28/2021 to mark filed in error - Correct attorney to file own notice of appearance. (Sheets, Jamie) |
| Filing 3 NOTICE of Attorney Appearance by attorney SARAH E. MABRY-CARAFFA on behalf of Petitioner Krizia Hernandez Zelaya (MABRY-CARAFFA, SARAH) |
| Filing 2 COMPLAINT Petition for Return of Child w/ Exhibits against Krizia Hernandez Zelaya, filed by Krizia Hernandez Zelaya. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit)(MABRY-CARAFFA, SARAH) |
| Filing 1 APPLICATION to Proceed IFP FORM 41 () by Krizia Hernandez Zelaya. (MABRY-CARAFFA, SARAH) |
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