CARMONA v. MORENO
| MARCOS GRANADOS CARMONA |
| NATHALIE AYARY NAVA MORENO |
| 1:2023cv00967 |
| November 8, 2023 |
| 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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Filing 22
ORDER signed by JUDGE LORETTA C. BIGGS on 12/21/2023; as follows: 1. A preliminary injunction should and hereby is issued in this matter that enjoins Respondent, Nathalie Ayara Nava Moreno, or anyone acting on her behalf or at her direction, from removing the Child from the Middle District of North Carolina and the jurisdiction of this Court pending final resolution of Petitioner's Verified Petition; 2. The Respondent and Petitioner shall make the Child available to the Court as necessary during the pendency of this action; 3. The Respondent, or anyone acting on her behalf or at her direction, shall not, under any circumstances, conceal the Child from the Court; 4. The Respondent shall appear for a final hearing on Petitioner's Verified Petition for Return of Minor Child on Monday, January 29, 2024, at 10:00 a.m., in Courtroom 4 of the Hiram H. Ward Federal Building, 251 N. Main Street, Winston-Salem, NC, 27101; and 5. The Respondent shall deliver the Child to the Court at the final hearing on this matter on January 29, 2024. FURTHER ORDERED that Respondent is cautioned that violation of this preliminary injunction order can be treated as criminal contempt and is punishable as a federal criminal offense by the United States Attorney and could further result in the issuance of a warrant pursuant to N.C. Gen. Stat. 50A requiring taking custody of the Child by the United States Marshal. Nothing in this Order shall be interpreted to relieve either party's obligation to appear before the Court at the hearing on Monday, January 29, 2024, at 10:00 a.m., in Courtroom 4 of the Hiram H. Ward Federal Building, 251 N. Main Street, Winston-Salem, NC, 27101. (sh)
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Filing 21
SUMMONS Returned Unexecuted by USMS as to NATHALIE AYARY NAVA MORENO . (at) Modified on 12/19/2023 to add text.(at).
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Filing 20
Minute Entry for proceedings held before JUDGE LORETTA C. BIGGS: Motion Hearing held on 12/18/2023 re #3 MOTION for Temporary Restraining Order filed by MARCOS GRANADOS CARMONA. Plaintiff appeared remotely in Mexico with his attorney Carlos Pineda. Attorney Katherine Kliebert appeared in court on behalf of the Plaintiff. Defendant appeared in court. Dr. Margo Bender affirmed as Spanish Interpreter. The Court grants #3 Motion for Temporary Restraining Order and Preliminary Injunction. Order forthcoming. Final Hearing to be held 01/29/2023 at 10:00 AM in Winston-Salem, Courtroom No. 4. (Court Reporter Lori Russell.) (db) (db).
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NOTICE of Hearing:Final Preliminary Injunction Hearing set for 1/29/2024 at 10:00 AM in Winston-Salem Courtroom #4 before JUDGE LORETTA C. BIGGS. (db)
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Filing 19
Amended Summons Issued as to MARCOS GRANADOS CARMONA. (Copy of Complaint, Motion, Order, Notice, to USMS for service) (at)
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Filing 18
ORDER signed by JUDGE LORETTA C. BIGGS on 12/08/2023, that Petitioner's Consent Motion to Continue Hearing on Motion for Preliminary Injunction and to Extend Temporary Restraining Order is GRANTED for good cause shown. ORDERED that the Temporary Restraining Order entered on November 13, 2023, (ECF No. #7 ), shall remain in effect until Petitioner's Motion for a Preliminary Injunction may be heard. FURTHER ORDERED that a hearing on Petitioner's request for a preliminary injunction shall occur on December 18, 2023, at 2:00 p.m., in Courtroom 4 of the Hiram H. Ward Federal Building, 251 N. Main Street, Winston-Salem, NC, 27101, before the undersigned district judge. (at)
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Set/Reset Deadlines/Hearings: Preliminary Injunction Hearing set for 12/18/2023 02:00 PM in Winston-Salem Courtroom #4 before JUDGE LORETTA C. BIGGS. (at)
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Filing 17
Consent MOTION to Continue Hearing on Preliminary Injunction and to Extend TRO by MARCOS GRANADOS CARMONA. (Attachments: #1 Text of Proposed Order) (KLIEBERT, KATHERINE)
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Motion Submitted: #17 Consent MOTION to Continue Hearing on Preliminary Injunction and to Extend TRO to JUDGE LORETTA C. BIGGS. (db)
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Filing 16
ORDER signed by JUDGE LORETTA C. BIGGS on 11/22/2023, that the Temporary Restraining Order entered on November 13, 2023 (ECF No. #7 ) shall remain in effect for an additional fourteen (14) days from its original expiration date of November 27, 2023, and that a hearing on Petitioner's request for a preliminary injunction shall occur on Monday, December 11, 2023 at 09:30 a.m., in Courtroom No. 4 of the Hiram H. Ward Federal Building, 251 N. Main Street, Winston-Salem, NC 27101, before the undersigned district judge. (lg)
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Reset Hearing: Motion Hearing set for 12/11/2023 09:30 AM in Winston-Salem Courtroom #4 before JUDGE LORETTA C. BIGGS. (See #16 Order) (lg)
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Motion Submitted: #14 First MOTION to Continue Hearing on Preliminary Injunction and to Extend TRO to JUDGE LORETTA C. BIGGS. (db)
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Filing 15
BRIEF re #14 First MOTION to Continue Hearing on Preliminary Injunction and to Extend TRO . (Attachments: #1 Exhibit Email from Country Officer)(KLIEBERT, KATHERINE)
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Filing 14
First MOTION to Continue Hearing on Preliminary Injunction and to Extend TRO by MARCOS GRANADOS CARMONA. (Attachments: #1 Text of Proposed Order) (KLIEBERT, KATHERINE) Modified on 12/11/2023 to remove duplicate text in attachment title. (jls)
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Filing 13
Summons Returned Unexecuted by USMS as to NATHALIE AYARY NAVA MORENO. (at)
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Filing 12
ORDER signed by JUDGE LORETTA C. BIGGS on 11/20/2023, that Petitioner's Motion for Petitioner and Witness to Testify Remotely is GRANTED. Petitioner and his witness, Carlos Aviles Pineda, may testify remotely by telephone or videoconference at the hearing on Petitioner's Motion for Preliminary Injunction; Petitioner and Mr. Pineda must each testify alone from a private room, free from outside influence; and Petitioner's counsel is responsible for making sure the technological steps are taken to make the remote videoconference connection feasible and may work with courthouse staff prior to the hearing to accomplish that objective. (at)
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Filing 11
BRIEF re #10 MOTION for Petitioner and Witness to Testify Remotely . (KLIEBERT, KATHERINE)
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Filing 10
MOTION for Petitioner and Witness to Testify Remotely by MARCOS GRANADOS CARMONA. Response to Motion due by 12/8/2023 (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion for Remote Testimony)(KLIEBERT, KATHERINE)
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Motion Submitted: #10 MOTION for Petitioner and Witness to Testify Remotely to JUDGE LORETTA C. BIGGS. (db)
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Filing 9
Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: #1 Consent to jurisdiction) (al)
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Filing 8
Summons Issued as to NATHALIE AYARY NAVA MORENO. (Lee, Ashley)
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Filing 7
ORDER GRANTING TEMPORARY RESTRAINING ORDER signed by JUDGE LORETTA C. BIGGS on 11/13/2023. For the reasons set forth herein, Petitioner's Motion for Temporary Restraining Order is GRANTED, and Petitioner's Motion for Preliminary Injunction shall be heard on Monday, November 27, 2023, at 10:00 a.m., in Courtroom 4 of at the Hiram H. Ward Federal Building, 251 N. Main Street, Winston-Salem, NC 27101. A Temporary Restraining Order should and hereby is issued in this matter that temporarily enjoins Respondent Nathalie Ayary Nava Moreno and anyone acting on her behalf or at her direction from removing the Minor Child from the Middle District of North Carolina and the jurisdiction of this Court pending final resolution of Petitioner's Verified Hague Petition; The Respondent shall make the Minor Child available to the Court as necessary during the pendency of this action; The Respondent, or anyone acting on her behalf or at her direction, shall not, under any circumstances, conceal the Minor Child from the Court; and The Respondent shall appear for a hearing on Petitioner's related request for a preliminary injunction as noted herein. FURTHER ORDERED that this Temporary Restraining Order shall remain in effect for a period of fourteen (14) days from entry. The United States Marshal is directed to immediately serve this Order and the Verified Hague Petition on Respondent at 1018 Rundell Street, Winston- Salem, North Carolina 27105, or any place where Respondent is found. (at)
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Filing 6
ORDER signed by MAG/JUDGE L. PATRICK AULD on 11/13/2023, that the Plaintiff MARCOS GRANADOS CARMONA, 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)] (lg)
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Set Preliminary Injunction Motion Hearing for 11/27/2023 at 10:00 AM in Winston-Salem Courtroom #4 before JUDGE LORETTA C. BIGGS. (at)
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Filing 5
NOTICE by MARCOS GRANADOS CARMONA re #4 Brief Certificate of Word Count (KLIEBERT, KATHERINE)
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Reset Response Deadline re: #3 MOTION for Temporary Restraining Order: Response to Motion due by 11/29/2023. (Garland, Leah)
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Motion Submitted: #3 MOTION for Temporary Restraining Order to JUDGE LORETTA C. BIGGS. (Blay, Debbie)
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Motions Referred to MAG/JUDGE L. PATRICK AULD RE: #2 APPLICATION to Proceed IFP (Lee, Ashley)
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Case ASSIGNED to JUDGE LORETTA C. BIGGS and MAG/JUDGE L. PATRICK AULD. (Lee, Ashley)
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Filing 4
BRIEF re #3 MOTION for Temporary Restraining Order . (KLIEBERT, KATHERINE)
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Filing 3
MOTION for Temporary Restraining Order and Preliminary Injunction, filed by MARCOS GRANADOS CARMONA. Response to Motion due by 11/29/2023. (Attachments: #1 Text of Proposed Order) (KLIEBERT, KATHERINE) Modified on 11/9/2023 to reflect proper document title, remove duplicate text, and correct response deadline of 11/8/2023 to 11/29/2023. (Garland, Leah)
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Filing 2
APPLICATION to Proceed IFP () by Marcos Granados Carmona. (KLIEBERT, KATHERINE)
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Filing 1
COMPLAINT for Return of Minor Child under the Hague Convention against Nathalie Ayara Nava Moreno, filed by Marcos Granados Carmona. (Attachments: #1 Affidavit Verified Petition, #2 Exhibit Hague Convention, #3 Exhibit ICARA, #4 Exhibit Hague Application, #5 Exhibit Birth Certificate, #6 Exhibit Court Order, #7 Exhibit Morelos Civil Code)(KLIEBERT, KATHERINE)
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| Plaintiff: MARCOS GRANADOS CARMONA | |
| Represented By: | KATHERINE M. KLIEBERT |
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| Defendant: NATHALIE AYARY NAVA MORENO | |
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