Alcala v. Hernandez
Plaintiff: Fernando Contreras Alcala
Defendant: Claudia Garcia Hernandez
Case Number: 4:2014cv04176
Filed: October 27, 2014
Court: US District Court for the District of South Carolina
Office: Florence Office
County: Florence
Presiding Judge: R Bryan Harwell
Nature of Suit: Other Civil Rights
Cause of Action: 42 U.S.C. ยง 11601
Jury Demanded By: None
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Date Filed Document Text
December 29, 2015 Opinion or Order Filing 108 ORDER GRANTING PETITIONER'S CONSENT MOTION TO SEAL AND REDACT TESTIMONY. Signed by the Honorable R. Bryan Harwell on 12/29/2015. (hcic, )
November 24, 2015 Opinion or Order Filing 99 ORDER granting 96 Renewed Motion for the Payment of Transcript Costs Pursuant to 28 U.S.C. § 753(f). The Court ORDERS that the transcript fees in this action be paid by the United States out of money appropriated for that purpose. Signed by the Honorable R. Bryan Harwell on 11/24/2015. (hcic, )
November 19, 2015 Opinion or Order Filing 93 ORDER: Petitioner Fernando Contreras Alcala's motion to alter or amend the judgment [ECF # 83 ] is DENIED. Petitioner's motion to restore injunction pending appeal [ECF # 86 ] is DENIED. Petitioner's motion for trial transcripts pursuant to 28 U.S.C. § 753(f) [ECF # 84 ] is DENIED without prejudice with leave to refile. Signed by the Honorable R. Bryan Harwell on 11/19/2015. (hcic, )
July 20, 2015 Opinion or Order Filing 81 FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER. Petitioner's verified petition for return of the minor children to Mexico under the Hague Convention [ECF # 1 ] is DENIED. Signed by the Honorable R. Bryan Harwell on 7/20/2015. (hcic, )
April 27, 2015 Opinion or Order Filing 70 ORDER granting 69 Motion to Appear Remotely. Signed by the Honorable R. Bryan Harwell on 4/27/2015. (hcic, )
January 16, 2015 Opinion or Order Filing 57 ORDER OF FORENSIC INTERVIEW. Signed by the Honorable R Bryan Harwell on 1/16/2015. (hcic, )
November 7, 2014 Opinion or Order Filing 31 PRELIMINARY INJUNCTION ORDER PROHIBITING REMOVAL OF THE CHILDREN FROM THE JURISDICTION. Signed by the Honorable R Bryan Harwell on 11/7/2014. (hcic, )
October 30, 2014 Opinion or Order Filing 15 It hereby is ORDERED that Petitioner's [Docket Entry # 5 ] Motion for Temporary Restraining Order and Application for a Custody Warrant and Request for Scheduling of an Expedited Hearing is GRANTED in part and DENIED in p art as follows: (1) CLAUDIA GARCIA HERNANDEZ is hereby ordered to appear and be physically present at the hearing scheduled in paragraph (3) below to show cause why she should not be prohibited from removing the minor children from this Court 9;s jurisdiction until this proceeding is concluded. CLAUDIA GARCIA HERNANDEZ is hereby ordered to bring the Children and any and all passports, identification, and travel documents for the Children to the hearing scheduled in paragraph (3) below. IF CLAUDIA GARCIA HERNANDEZ FAILS TO TIMELY APPEAR AT THE HEARING SCHEDULED IN PARAGRAPH 3 BELOW WITH HER CHILDREN AND WITH THE PASSPORTS AND TRAVEL DOCUMENTS REFERENCED ABOVE, OR IF SHE REMOVES THE CHILDREN FROM THE JURISDICTION OF THIS COURT, A WARRA NT FOR HER ARREST SHALL IMMEDIATELY ISSUE. (2) CLAUDIA GARCIA HERNANDEZ is hereby prohibited from removing the Children from the jurisdiction of this Court pending the preliminary injunction hearing on the Verified Petition, and no person act ing in concert or participating with Respondent Mother (including the Children's grandmother, Lorenza Hernndez Prez, and their aunt, Andrea Garcia Hernndez) shall take any action to remove the Children from the jurisdiction of this Court pending a determination on the merits of the Verified Petition. This Temporary Restraining Order shall expire fourteen (14) days from the entry of this Order. (3) A preliminary injunction hearing on the Verified Petition is hereby scheduled to be h eld on Thursday, November 6, 2014 at 9:30 a.m. in Courtroom 1 of the McMillan Federal Building located at 401 West Evans Street, Florence, South Carolina 29501. A final merits hearing on the matter will be scheduled by the Court at that time. It is further ORDERED that Petitioner's Application for a Custody Warrant is DENIED. It is further ORDERED that Petitioner's [Docket Entry # 6 ] Motion to Seal is DENIED as moot. It is further ORDERED that Petitioner's [Docket Entry # 7 ] Motion to Take Judicial Notice of Mexican Law is GRANTED for the purpose of this Temporary Restraining Order. It is further ORDERED that counsel for Petitioner is directed to obtain a translation (from English to Spanish) of this Order immediately. Once the translation is obtained, counsel for Petitioner is directed to file the translation together with a certificate from the translator certifying that the translation is fair and accurate. Upon filing of the translated Order and certificate by the translator, counsel for the Petitioner should serve Respondent immediately with all filings as well as this Order. It is further ORDERED that the Clerk of Court shall have an interpreter assigned for each hearing scheduled in this matter. The Clerk shall also send a copy of this Order to the Family Court for the Twelfth Judicial Circuit. IT IS SO ORDERED. Signed by the Honorable R Bryan Harwell on 10/30/2014. (hcic, )
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Plaintiff: Fernando Contreras Alcala
Represented By: Matthew Adams Abee
Represented By: Thomas William McGee, III
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Defendant: Claudia Garcia Hernandez
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