Gordillo v. Swalwell IV
| Alejandra Katherine Albar Gordillo |
| Clyde Emerson Swalwell IV |
| 3:2022cv00846 |
| April 14, 2022 |
| US District Court for the Northern District of Texas |
| Karen Gren Scholer |
| Renee Harris Toliver |
| Other Statutes: Other Statutory Actions |
| 22 U.S.C. § 9001 International Child Abduction Remedies |
| None |
Docket Report
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This docket was last retrieved on June 13, 2022. A more recent docket listing may be available from PACER.
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| Filing 32 REPLY filed by Clyde Emerson Swalwell IV re: #31 Response/Objection (Chisum, Brett) |
| Filing 31 RESPONSE AND OBJECTION filed by Alejandra Katherine Albar Gordillo re: #29 MOTION to Expedite Discovery (Kamal, Sofia) |
| Filing 30 MOTION for Expedited Discovery filed by Alejandra Katherine Albar Gordillo. (Kamal, Sofia) Modified text on 6/8/2022 (mjr). |
| Filing 29 MOTION to Expedite Discovery filed by Clyde Emerson Swalwell IV (Chisum, Brett) |
Filing 28
(Document Restricted) Sealed ORDER granting sealed and/or ex parte motion #27 . (Ordered by Judge Karen Gren Scholer on 6/1/2022) (ygl)
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| Filing 27 (Document Restricted) Joint Motion to Seal Judicial Records (Sealed pursuant to motion to seal) filed by Clyde Emerson Swalwell IV (Attachments: #1 Proposed Order) (Chisum, Brett) |
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Filing 26
On May 26, 2022, the parties appeared before the Court through counsel for an initial hearing pursuant to FRCP 16. At the hearing, the parties advised the Court that it may not have jurisdiction over the dispute because of a related and prior filed state court action. Respondent shall submit briefing on this issue by July 1, 2022, with Petitioner's response, if any, to be filed by July 8, 2022. The parties are further ordered to notify the Court of any expedited discovery needed in this action within seven days of this Order. The Court further sets this case for bench trial on August 29, 2022 at 10:00 a.m. (Ordered by Judge Karen Gren Scholer on 5/27/2022) (chmb)
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| Filing 25 Appendix in Support to #20 Answer to Complaint,, by Respondent Clyde Emerson Swalwell IV. (Chisum, Brett) Modified text on 5/31/2022 (ykp). |
| Filing 24 ELECTRONIC Minute Entry for proceedings held before Judge Karen Gren Scholer: Scheduling Conference held on 5/26/2022. Attorney Appearances: Plaintiff - Vanita Aphan-Kirkland, Sofia Kamal; Defense - Brett Chisum, Laura Roach, Jessica Bland. (Court Reporter: Tutti Bui) (No exhibits) Time in Court - :32. (TUB) |
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Filing 23
ELECTRONIC ORDER: ***TIME CHANGE ONLY*** The Court RESETS the May 26, 2022 Initial Hearing to May 26, 2022 at 03:00 p.m., to occur in-person. (Ordered by Judge Karen Gren Scholer on 5/24/2022) (chmb)
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Filing 22
ELECTRONIC ORDER: The Court RESETS the May 25, 2022 Initial Hearing to May 26, 2022 at 04:30 p.m., to occur in-person. (Ordered by Judge Karen Gren Scholer on 5/23/2022) (chmb)
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| Filing 21 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Clyde Emerson Swalwell IV. (Clerk QC note: No affiliate entered in ECF). (Chisum, Brett) |
| Filing 20 ANSWER to #1 Complaint filed by Clyde Emerson Swalwell IV. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 (SEALED) Exhibit(s)) (Chisum, Brett) Modified security to 20-1 on 5/27/2022, order entered to maintain under seal on 6/1/2022 (ygl). |
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Filing 19
AGREED PRELIMINARY INJUNCTION granting #16 Motion for Injunction. (Ordered by Judge Karen Gren Scholer on 5/11/2022) (mla)
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Filing 18
ELECTRONIC ORDER: The Court RESETS the May 12, 2022 initial hearing to May 25, 2022 at 2:45 p.m., to occur in-person. (Ordered by Judge Karen Gren Scholer on 5/11/2022) (chmb)
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Filing 17
ELECTRONIC ORDER: ***TIME CHANGE ONLY*** The Court RESETS the May 12, 2022 Initial Hearing to May 12, 2022, at 2:30 p.m. This hearing will be in person. (Ordered by Judge Karen Gren Scholer on 5/10/2022) (chmb)
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| Filing 16 Agreed MOTION for Preliminary Injunction filed by Alejandra Katherine Albar Gordillo (Kamal, Sofia) Modified text on 5/11/2022 (ygl). |
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Filing 15
ELECTRONIC ORDER: Pursuant to Federal Rule of Civil Procedure 16, the Court hereby sets this case for initial hearing on May 12, 2022, at 3:30 p.m. Lead counsel for each party shall be present. This hearing will be conducted in person. (Ordered by Judge Karen Gren Scholer on 5/5/2022) (chmb)
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| Filing 14 NOTICE of Vacation filed by Alejandra Katherine Albar Gordillo (Kamal, Sofia) |
| Filing 13 SUMMONS Returned Executed as to Bradley A Freidman Esq, served on 4/19/2022. (ygl) |
| Filing 12 SUMMONS Returned Unexecuted as to Clyde Emerson Swalwell IV. (ygl) (Main Document 12 replaced PDG on 4/28/2022) (ygl). |
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Filing 11
ORDER: Preliminary Injunction Hearing set for 5/12/2022 03:30 PM in US Courthouse, Courtroom 1632, 1100 Commerce St., Dallas, TX 75242-1310 before Judge Karen Gren Scholer. re: #1 Complaint (Ordered by Judge Karen Gren Scholer on 4/25/2022) (ykp)
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Filing 10
ELECTRONIC ORDER: As service has not been effectuated on Respondent, the Preliminary Injunction Hearing scheduled for 4/26/2022 11:00 AM (See ECF No. 7) is CANCELLED and will be reset by separate order. (Ordered by Judge Karen Gren Scholer on 4/23/2022) (chmb)
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| Filing 9 Business Reply Card signed by USMS; re #1 Complaint, #6 Order, #7 Order Setting Deadline/Hearing, #8 Summons Issued. Signed on 4/16/2022. (jmg) |
| Filing 8 Summons Issued as to Clyde Emerson Swalwell IV. (mjr) |
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Filing 7
ORDER re: Motion Under the Hague Convention for Entry of an Ex Parte Temporary Restraining Order, Application for Warrant Seeking Physical Custody of the Child, and Scheduling of an Expedited Hearing [ECF No #1 -9]. Preliminary Injunction Hearing set for 4/26/2022 11:00 AM before Judge Karen Gren Scholer. (Ordered by Judge Karen Gren Scholer on 4/15/2022) (mjr)
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Filing 6
ORDER ISSUING PROCESS: The Clerk of Court is DIRECTED to issue summons for the defendant named below and deliver the summons and copy of the complaint to the U.S. Marshal. The Clerk of Court is DIRECTED to terminate the referral of this action to the Magistrate Judge for screening and return the case to the undersigned District Judge for further action. (Ordered by Judge Karen Gren Scholer on 4/15/2022) (mjr)
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Filing 5
ELECTRONIC ORDER granting 2 Motion for Leave to Proceed In Forma Pauperis. (Ordered by Magistrate Judge Renee Harris Toliver on 4/15/2022) (chmb)
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| Filing 4 New Case Notes: A filing fee has not been paid. SCREEN case referral set and case referred to Magistrate Judge Toliver (see Special Order 3). Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Toliver). Clerk to provide copy to plaintiff if not received electronically. Motion(s) referred to Magistrate Judge Renee Harris Toliver. (jmg) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Alejandra Katherine Albar Gordillo. (See document #1 - 3 for image.) (jmg) |
| Filing 1 COMPLAINT against Clyde Emerson Swalwell IV filed by Alejandra Katherine Albar Gordillo. (Filer fee note- IFP motion in complaint or to be filed) Summons(es) not requested at this time. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Cover Sheet, #2 Certificate of Interested Persons, #3 Motion to Proceed Informa Pauperis, #4 Application to Tex. Fed. Ct. Northern Dist., #5 Certificate of Good Standing, #6 Application to Tex. Fed. Ct. Northern Dist., #7 Certificate of Good Standing, #8 Brief in Support of Petition for Return of the Child, #9 Motion in Support of Ex Parte TRO, #10 Brief in Support of the Ex Parte TRO) (Kamal, Sofia) Modified security on 4/14/2022 (jmg). |
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| Petitioner: Alejandra Katherine Albar Gordillo | |
| Represented By: | Vanita Cecilia Aphan-Kirkland |
| Represented By: | Sofia Kamal |
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| Respondent: Clyde Emerson Swalwell IV | |
| Represented By: | Brett Matthew Chisum |
| Represented By: | Jessica Grace Bland |
| Represented By: | Laura B Roach |
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