Vite-Cruz v. Sanchez
Petitioner: Jose Luis Vite-Cruz
Respondent: Yadira Del Carmen Sanchez
Case Number: 3:2018cv01943
Filed: July 16, 2018
Court: US District Court for the District of South Carolina
Office: Columbia Office
County: XXOutside US
Presiding Judge: Donald C Coggins
Nature of Suit: Other Statutory Actions
Cause of Action: 42 U.S.C. § 11601
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 31, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 13, 2018 Opinion or Order Filing 33 ORDER granting #32 Joint Motion for Petitioner and Other Witnesses to Testify Remotely. Signed by Honorable Donald C Coggins, Jr on 9/13/2018.(abuc)
September 12, 2018 Filing 32 Joint MOTION Joint Motion for Petitioner and Other Witnesses to Testify Remotely by Yadira Del Carmen Sanchez, Jose Luis Vite-Cruz. Response to Motion due by 9/26/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Abee, Matthew)
September 10, 2018 Filing 31 Sealed Report in re document #26 ORDER APPOINTING GUARDIAN AD LITEM. (abuc)
August 31, 2018 Filing 30 Local Rule 26.01 Answers to Interrogatories by Yadira Del Carmen Sanchez.(Daniels, Elliott)
August 27, 2018 Filing 29 CLERK'S NOTICE: Defendant is reminded that the Local Rule 26.01 Answers to Interrogatories are to be filed when the answer is filed. Please file no later than 9/10/2018.(abuc)
August 27, 2018 Filing 27 ANSWER to #1 Complaint, by Yadira Del Carmen Sanchez. (Attachments: #1 Exhibit Verification, #2 Certificate of Service Certificate of Service - Answer)(Daniels, Elliott)
August 23, 2018 Opinion or Order Filing 26 ORDER APPOINTING GUARDIAN AD LITEM Signed by Honorable Donald C Coggins, Jr on 8/22/2018. (abuc) Modified on 8/23/2018 to edit text (alew, ).
August 17, 2018 Filing 25 CONSENT SCHEDULING ORDER: Plaintiffs ID of Expert Witness due by 8/27/2018, Defendants ID of Expert Witnesses Due by 8/27/2018, Motion in Limine due by 9/26/2018, Bench Trial Deadline 10/4/2018, Mediation Due by 9/14/2018. All other deadlines as set out. Signed by Honorable Donald C Coggins, Jr on 8/17/18. (alew, )
August 15, 2018 Filing 24 NOTICE of Cancellation of Hearing: Final Merits Hearing, Wednesday, 8/22/2018 @ 10:00 AM. Hearing to be rescheduled at a later date. (alew, )
August 7, 2018 Filing 23 TEXT ORDER: Pursuant to the August 7, 2018, phone conference with all parties to discuss scheduling and with the consent of all parties, the deadline for the Respondent to file its Answer to the Verified Petition is extended to 8/27/2018. Signed by Honorable Donald C Coggins, Jr on 8/7/2018. (abuc)
August 7, 2018 Filing 22 MINUTE ENTRY: The Court held a phone conference with the parties to discuss scheduling. The parties are to submit a proposed scheduling order as discussed on the call and confer regarding appointment of a mediator. Proceedings held before Honorable Donald C Coggins, Jr: Status Conference held on 8/7/2018. (abuc)
July 27, 2018 Opinion or Order Filing 21 ORDER GRANTING PRELIMINARY INJUNCTION. Signed by Honorable Donald C Coggins, Jr on 7/27/2018. (abuc)
July 26, 2018 Filing 20 TEXT ORDER Appointing Counsel for Respondent. This matter is before the Court on Respondent's oral request for appointment of counsel. Pursuant to 28 U.S.C. 1915(e)(1), and with the consent of Petitioner's counsel, the Court hereby appoints Elliott B. Daniels, Esq. and Susan O. Porter, Esq., both of Murphy and Grantland, P.A., to represent Respondent in this matter. The Court contacted Mr. Daniels and Ms. Porter, who consent to serve as counsel, and has directed them to make contact with Respondent as soon as practicable. Mr. Daniels and Ms. Porter are to consult with Petitioner's counsel and propose a scheduling order on or before August 7, 2018. It is so Ordered. Signed by Honorable Donald C Coggins, Jr on 7/26/2018. (abuc)
July 24, 2018 Filing 19 NOTICE of Hearing: Final Merits Hearing set for 8/22/2018 10:00 AM in Columbia # 5, Matthew J. Perry, Court House, 901 Richland St, Columbia before Honorable Donald C Coggins Jr. (mbro, )
July 24, 2018 Filing 18 NOTICE of Hearing: Status Conference set for 8/7/2018 02:00 PM before Honorable Donald C Coggins Jr. This hearing will be conducted by telephone. (mbro, )
July 24, 2018 Filing 17 Minute Entry. Proceedings held before Honorable Donald C Coggins, Jr: Motion Hearing held on 7/24/2018. Court to appoint counsel for the Respondent. Written order with further directives from the Court forthcoming. Court Reporter Jenny Williams. (mbro, )
July 20, 2018 Filing 16 SUMMONS Returned Executed by Jose Luis Vite-Cruz. Yadira Del Carmen Sanchez served on 7/20/2018, answer due 8/10/2018. (McGee, Thomas) (Main Document 16 replaced on 7/23/2018) (abuc). (Additional attachment(s) added on 7/23/2018: #1 Proof of Service) (abuc). Modified to replace document with corrected document provided by filing user and to add additional attachment provided by filing user on 7/23/2018 (abuc).
July 19, 2018 Filing 15 Summons Issued as to Yadira Del Carmen Sanchez. (alew, )
July 18, 2018 Filing 14 TEXT ORDER directing Petitioner to file a proof of service when Respondent is served by the United States Marshals Service. Signed by Honorable Donald C Coggins, Jr on 7/18/2018. (abuc)
July 18, 2018 Opinion or Order Filing 13 ORDER granting #7 Motion for TRO. Signed by Honorable Donald C Coggins, Jr on 7/18/2018, 10:30 AM.(abuc)
July 18, 2018 Filing 12 NOTICE of Preliminary Injunction Hearing : Hearing set for 7/24/2018 10:30 AM in Columbia # 3, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable Donald C Coggins Jr. (ncha, ) Modified on 7/18/2018 to correct text (ncha, ).
July 17, 2018 Filing 11 Minute Entry. The Court held a phone conference to discuss the pending TRO request and will be issuing an expedited Order. Proceedings held before Honorable Donald C Coggins, Jr: Telephone Conference held on 7/17/2018. (abuc)
July 17, 2018 Filing 10 NOTICE of Hearing: Telephone Conference set for 7/17/2018 02:00 PM before Honorable Donald C Coggins Jr. (abuc)
July 17, 2018 Filing 9 DELETION OF DOCKET ENTRY NUMBER 8 Reason: Filed as separate entry but should have been filed as an attachment to entry #7 . Corrected Filing Document Number #7 Modified filing date to that of original filing: 7/16/2018 Response due date modified to that of original filing: n/a (abuc)
July 16, 2018 Filing 7 Emergency MOTION for Temporary Restraining Order (Ex Parte) by Jose Luis Vite-Cruz. Response to Motion due by 7/30/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Declaration of Manuel Nino de Rivera, #2 Exhibit Rule 65(b)(1)(B) Certification, #3 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(McGee, Thomas) (Additional attachment(s) added on 7/17/2018: #4 Memo in Support) (abuc, ).
July 16, 2018 Opinion or Order Filing 5 TEXT ORDER granting #3 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Shiva V. Hodges on 7/16/2018. (vhor)
July 16, 2018 Filing 4 Local Rule 26.01 Answers to Interrogatories by Jose Luis Vite-Cruz. (bgoo)
July 16, 2018 Filing 3 MOTION for Leave to Proceed in forma pauperis (Restricted Access) by Jose Luis Vite-Cruz. Response to Motion due by 7/30/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Motions referred to Shiva V. Hodges. (bgoo)
July 16, 2018 Filing 1 COMPLAINT (Verified Expedited Petition) against Yadira Del Carmen Sanchez, filed by Jose Luis Vite-Cruz. Service due by 10/15/2018 (Attachments: #1 Exhibit Hague Application (Spanish), #2 Exhibit Hague Application (English), #3 Exhibit Birth Certificate, #4 Exhibit School Records (Spanish), #5 Exhibit School Records (English), #6 Exhibit Criminal Background Check (Spanish), #7 Exhibit Criminal Background Check (English), #8 Exhibit Article 15 Declaration) (bgoo)

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Petitioner: Jose Luis Vite-Cruz
Represented By: Matthew Adams Abee
Represented By: Courtney E Walsh
Represented By: Thomas William McGee, III
Represented By: Melinda Queen Taylor
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Respondent: Yadira Del Carmen Sanchez
Represented By: Susan Olmert Porter
Represented By: Elliott Bishop Daniels
Represented By: Wesley Brian Sawyer
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