Rodriguez Elizondo et al v. Lafaire et al
| Gloria Eliza Lafaire and Guillermo Ernesto Lafaire |
| Cain Alberto Jaime Cano and Magaly Rodriguez Elizondo |
| 5:2021cv00063 |
| June 11, 2021 |
| US District Court for the Southern District of Texas |
| Diana Song Quiroga |
| Diana Saldana |
| Other Statutory Actions |
| None |
Docket Report
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Filing 42
ORDER FOR ADVISORY. Parties are hereby ORDERED to file a joint advisory regarding the status of mediation on or before August 20, 2021.Joint Advisory due by 8/20/2021.(Signed by Judge Diana Saldana) Parties notified.(RobertTenorio, 5)
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| Filing 41 ADVISORY by Magaly Rodriguez Elizondo, filed.(Caswell, Gary) |
| Minute Entry for proceedings held before Judge Diana Saldana EVIDENTIARY HEARING held on 7/30/2021. The Court informs the parties that testimony will most likely be heard in bits and pieces.The Court informs the parties that she will hear testimony until 5:00 PM today, because of the criminal docket she also has availability to continue testimony Tuesday, August 3, 2021 in the afternoon. Attorney Gary Caswell informs they are ready to proceed and argue on habitual residence. The Court asks that the parties prepare a summary chart. The Court informs that the rules call for the attorney in a civil hearing to make arrangements for an interpreter. Interpreters Eduardo Canudas and Enith Valdes are present in the courtroom. The parties are informed that the expenses will be taxed against the party that the decision is against, finding that use of the interpreters is necessary so that this hearing is not delayed. Petitioners attorney Marisa Balderas calls her client to testify (video testimony begins, sworn and testified): Ms. Magaly Rodriguez Elizondo [begins at 1:20 PM]. Petitioners Photographs P-3 through P-8 - as listed in Dkt. No. 32 (no objection by respondents counsel by Respondent - admitted); AND P-13 through P-16 as listed in Dkt. No. 40 (no objection by respondents counsel, are also admitted). Respondents 1,2, 4 (4-1,4-2,4-3), 5,6, and 8-0 through 8-13 and 10 (no objection by petitioners counsel are also admitted). Break 3:35 PM - 3:55 PM. Bench Conference 3:56 PM - 4:00 PM [Parties are informed that they can excuse the their witnesses - anticipated that testimony of Mr. Rodriguez-Elizondo will continue for another hour). Video Testimony of Petitioner Magaly Rodriguez Elizondo continues [4:00 PM - 5:06 PM]. Testimony as to Petitioner will continue to another date. The Court announces that it will continue this hearing to 9:30 AM on Friday, August 6, 2021 - the Court will reset some hearings on that date. All parties in the waiting room (by zoom) - Salvador Rodriguez-Elizondo, Leticia Lopez-Quintana, and attorney Claudia Balli are excused. Petitioners attorney just inform they might have an issue with traveling, but the Court informs they can attend by Zoom. The Court anticipates that the next three witnesses would probably take the morning and part of the afternoon The Court also informs the parties that further testimony after the 6th of August can continue onto Wednesday, August 11, 2021. The parties are informed to also make arrangements with the Court I.T. personnel to make sure all of their equipment is also hooked up and working properly. Logistical issue - petitioner states concerns, presents flash drive that include transcripts (English and Spanish) and some of the evidence - will leave flash drive with the Court staff. Petitioner and Respondents attorneys inform that they have been discussing a possible agreement, but can confer further and inform the Court if more time is needed for the continuance of the testimony hearing from Friday, August 6, 2021. The Court will wait until Monday, August 2nd - once she hears from the parties, before cancelling her criminal Friday docket to accommodate this hearing for Friday, August 6, 2021. Attorney Lanese Garcia is asking if her witnesses can appear viz Zoom The Court announces if there are no objections, parties may appear by zoom. TIME: 1:07 PM -5:30 PM. Appearances:Attorneys for Petitioner: Gary Caswell / Marisa C. Balderas and Attorneys for Repondents: Claudia Lanese Garcia and Juan Fransico Tamez. Interpreters: Eduardo Canudas / Enith Valdes. (ERO:Robert Tenorio), filed.(vcaballero, 5) |
| Filing 40 Supplemental SEALED EXHIBITS by Magaly Rodriguez Elizondo, filed. (Attachments: #1 Exhibit Extra photos 2015, #2 Exhibit Extra photo 2017, #3 Exhibit Extra photos & park pass 2018, #4 Exhibit Extra photos 2019) (Caswell, Gary) |
| Filing 39 SEALED EXHIBITS List and Exhibits by Gloria Eliza Lafaire, Guillermo Ernesto Lafaire, filed. (Attachments: #1 Exhibit Ex. 1 - Certificate of Birth, #2 Exhibit Ex. 2 - Power of Attorney, #3 Exhibit Ex. 3 - Temporary Orders Hearing Transcript (2020-10-19) 341st District Court, #4 Exhibit Ex. 4-1. Heart Condition (Medical Records), #5 Exhibit Ex. 4-2 Dr. Cabello & CC's Tooth Factory Records, #6 Exhibit Ex. 4-3 Dr. Amando Garza M.D., #7 Exhibit Ex. 5 - Lollipop Learning Center - Business Records Affidavit, #8 Exhibit Ex. 6 - UISD Business Records Affidavit, #9 Exhibit Ex. 7-1 - Affidavit of Marcela Rendon, #10 Exhibit Ex. 7-2 - Affidavit of Belva Gonzalez, #11 Exhibit Ex. 7-3 - Affidavit of Gabriela Cordova, #12 Exhibit Ex. 7-4 - Affidavit of Jorge Alejandro Nino, #13 Exhibit Ex. 7-5 - Affidavit of Leticia Lopez, #14 Exhibit Ex. 8-0. March, 2019 through March, 2020 (MNJ0001-0687), #15 Exhibit Ex. 8-1. New Born (MNJ0688-0728), #16 Exhibit Ex. 8-2. One year old birthday party (MNJ 0729-0878), #17 Exhibit Ex. 8-3. 0 months to 12 months of age (MNJ0879-1608), #18 Exhibit Ex. 8-4. One year to two years of age (MNJ1609-2546), #19 Exhibit Ex. 8-5. Two year old birthday party (MNJ2547-2635), #20 Exhibit Ex. 8-6. Two years to three years of age (MNJ2636-2879), #21 Exhibit Ex. 8-7. Three year old birthday party in Laredo, Texas (MNJ2880-2907), #22 Errata Ex. 8-8. Three years to four years of age (MNJ2908-3331), #23 Exhibit Ex. 8-9. Four year old birthday party in Laredo, Texas (MNJ 3332-3387), #24 Exhibit Ex. 8-10. Four years to five years of age (MNJ 3388-3685), #25 Exhibit Ex. 8-11. Five year old birthday party in Laredo, Texas (MNJ 3686-3726), #26 Exhibit Ex. 8-12. Five years to six years of age (MNJ3727-3851), #27 Exhibit Ex. 8-13. Six years going into her 7th year of age (MNJ 3852-3945), #28 Exhibit Ex. 8-14 (Affidavit of Gloria Lafaire), #29 Exhibit Ex. 9-1. J. Jordan Report 091820, #30 Exhibit Ex. 9-2 J. Jordan Report 101820, #31 Exhibit Ex. 9-3. J. Jordan Report 121820, #32 Exhibit Ex. 9-4. J. Jordan Report 050921, #33 Exhibit Ex. 9-5 J. Jordan Report 061121, #34 Exhibit Ex. 9-6 Affidavit of J. Jordan, #35 Exhibit Ex. 10 - Texas Benefits Card) (Tamez, Juan) |
| Filing 38 SEALED DOCUMENT Respondent's Witness List Hearing July 30, 2021 by Gloria Eliza Lafaire, Guillermo Ernesto Lafaire, filed. (Tamez, Juan) |
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Filing 37
ORDER. The Court finds good cause for the witnesses listed in Respondents request (Dkt. #34 ) to appear by Zoom at the July 30, 2021 hearing, and the request (Dkt. #34 ) is hereby GRANTED. Additionally, Respondents are hereby ORDERED to file their witness list pertaining to the July 30, 2021 hearing regarding the minor childs habitual residence. Their witness list should be filed no later than 9:00AM on July 30, 2021.(Signed by Judge Diana Saldana) Parties notified.(dgonzalez, 5)
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Filing 36
ORDER granting #33 Unopposed SEALED MOTION to Appear by Zoom. The Court considered Petitioners motion for themselves and their witnesses in Mexico to appear by Zoom at the merits hearing set for July 30, 2021. (Signed by Judge Diana Saldana) Parties notified.(dgonzalez, 5)
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| Filing 35 PROPOSED ORDER on 3rd Request for Witness to Appear by Zoom re: #34 Proposed Order, filed.(Tamez, Juan) |
| Filing 34 PROPOSED ORDER 3rd Request for Witness to Appear by Zoom and Order, filed.(Tamez, Juan) |
| Filing 33 Unopposed SEALED MOTION Motion to Appear by Zoom by Magaly Rodriguez Elizondo, filed. (Attachments: #1 Proposed Order) (Caswell, Gary) |
| Filing 32 SEALED DOCUMENT Petitioner Witness List and Exhibits by Magaly Rodriguez Elizondo, filed. (Attachments: #1 Exhibit Hague Convention, #2 Exhibit ICARA, #3 Exhibit 2015 Photos, #4 Exhibit 2016 Photos, #5 Exhibit 2017 Photos, #6 Exhibit 2018 Photos, #7 Exhibit 2019 Photo, #8 Exhibit 2020 Photos, #9 Exhibit Cover Page, #10 Exhibit Cover Page, #11 Exhibit Cover Page, #12 Exhibit Certificate of No Crimes) (Caswell, Gary) |
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Filing 31
ORDER GRANTINIG #30 ADVISORY by Gloria Eliza Lafaire, Guillermo Ernesto Lafaire.(Signed by Judge Diana Saldana) Parties notified.(dgonzalez, 5) (Main Document 31 replaced on 7/28/2021) (dgonzalez, 5).
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| Filing 30 ADVISORY by Gloria Eliza Lafaire, Guillermo Ernesto Lafaire, filed. (Attachments: #1 Proposed Order Order - 2nd Request for Witness to Appear by Zoom (Lafaire))(Tamez, Juan) |
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Filing 29
ORDER granting #26 Request for Witness to Appear by Zoom. IT IS ORDERED that Belva Gonzalez shall be allowed to participate and provide testimony in this Court at the evidentiary hearing in this matter scheduled for July 30, 2021, by zoom. (Signed by Judge Diana Saldana) Parties notified.(dgonzalez, 5)
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Filing 28
MEMORANDUM AND ORDER denying #27 . (Signed by Judge Diana Saldana) Parties notified.(vcantu, 5)
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| Filing 27 BRIEF Clarifying Respondents' 12(b)(1) Motion and Motion to Reconsider by Gloria Eliza Lafaire, Guillermo Ernesto Lafaire, filed.(Tamez, Juan) |
| Filing 26 Request for Witness to Appear by Zoom by Gloria Eliza Lafaire, Guillermo Ernesto Lafaire, filed. (Attachments: #1 Proposed Order Order - Request for Witness to Appear by Zoom)(Tamez, Juan) |
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Filing 25
ORDER Evidentiary Hearing set for 7/30/2021 at 01:00 PM in Courtroom 3A before Judge Diana Saldana(Signed by Judge Diana Saldana) Parties notified.(bmendoza, 5)
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| Filing 24 ADVISORY by Magaly Rodriguez Elizondo, filed. (Attachments: #1 Exhibit Order to Trial in 21-CV-00422-OLG)(Caswell, Gary) |
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Filing 23
ORDER denying #20 SEALED MOTION to Dismiss ( Evidentiary Hearing set for 7/20/2021 at 01:00 PM before Judge Diana Saldana)(Signed by Judge Diana Saldana) Parties notified.(vcantu, 5)
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| Filing 22 SEALED RESPONSE re: #20 SEALED MOTION to Dismiss by Magaly Rodriguez Elizondo, filed. (Caswell, Gary) |
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Filing 21
ORDER. It is hereby ORDERED that the Petitioners respond to Respondents' Motion to Dismiss (dkt. 20) by July 15, 2021. Respondent may file a reply to Petitioner's response by July 19, 2021. (Signed by Judge Diana Saldana) Parties notified.(MargaretPeregoy, 5)
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| Filing 20 SEALED MOTION to Dismiss by Gloria Eliza Lafaire, Guillermo Ernesto Lafaire, filed. (Attachments: #1 Proposed Order Order Granting Motion to Dismiss, #2 Exhibit EX. A (Certificate of Birth), #3 Exhibit EX. B (Power of Attorney), #4 Exhibit EX. C (Paternity Registry Response), #5 Exhibit Ex. D Temporary Orders Hearing Transcript (2020-10-19) 341st District Court, #6 Exhibit Ex. E-1. (Heart condition - medical records), #7 Exhibit Ex. E-2 Dr. Cabello & CC's Tooth Factory, #8 Exhibit Ex. E-3 Dr. Amando Garza M.D., #9 Exhibit Ex. F (Business Records Affidavit - Lollipop Learning Center), #10 Exhibit Ex. G (U.I.S.D. Records), #11 Exhibit Ex. H-1 (Affidavit of Marcela Rendon), #12 Exhibit Ex. H-2 (Affidavit of Belva Gonzalez), #13 Exhibit Ex. H-3 (Affidavit of Gabriela Cordova), #14 Exhibit Ex. H-4 (Affidavit of Jorge Alejandro Nino), #15 Exhibit Ex. H-5 (Affidavit of Leticia Lopez), #16 Exhibit Ex. I-0 March, 2019 through March, 2020 - one year before the alleged removal retention, #17 Exhibit Ex. I-1. New Born, #18 Exhibit Ex. I-2. One year old birthday party, #19 Exhibit Ex. I-3. 0 months to 12 months of age, #20 Exhibit Ex. I-4. One year to two years of age, #21 Exhibit Ex. I-5. Two year old birthday party, #22 Exhibit Ex. I-6. Two years to three years of age, #23 Exhibit Ex. I-7. Three year old birthday party in Laredo, Texas, #24 Exhibit Ex. Q Guardian Ad Litem Report by Claudia Balli 10192020, #25 Exhibit Ex. R-1 Jordan (091820), #26 Exhibit Ex. R-2 (Jordan 10182020), #27 Exhibit Ex. R-4 (Jordan 05092021), #28 Exhibit Ex. R-5 (Jordan 06112021), #29 Exhibit Ex. R-6 (Affidavit of Judith Jordan)) (Tamez, Juan) |
| Filing 19 SEALED DOCUMENT Brief of Petitioner by Magaly Rodriguez Elizondo, filed. (Caswell, Gary) |
| Initial Pretrial and Scheduling Conference is terminated per #18 Order Granting Motion for Continuance of Time to File Reply. (FernandoVilla, 5) |
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Filing 18
ORDER Granting #16 MOTION for Continuance of Time to File Reply (Responses to Defendants' answer due by 7/2/2021). The Clerk of the Court is DIRECTED to strike from the record its Order for Initial Scheduling Conference #15 . (Signed by Magistrate Judge Diana Song Quiroga) Parties notified.(mmarquez, 5)
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| Filing 17 CERTIFICATE OF INTERESTED PARTIES by Gloria Eliza Lafaire, Guillermo Ernesto Lafaire, filed.(Tamez, Juan) |
| Filing 16 MOTION for Continuance of Time to File ReplyMotions referred to Diana Song Quiroga. by Magaly Rodriguez Elizondo, filed. Motion Docket Date 7/20/2021. (Attachments: #1 Proposed Order)(Caswell, Gary) |
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Filing 15
THIS ORDER STRIKEN FROM THE RECORD,PER COURT'S ORDER DKT. NO. #18 . *** ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 7/21/2021 at 10:30 AM by video before Magistrate Judge Diana Song Quiroga. (Signed by Magistrate Judge Diana Song Quiroga) Parties notified.(dmorales, 5) Modified on 6/30/2021 (mmarquez, 5).
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| Filing 14 ANSWER to #2 Complaint, by Gloria Eliza Lafaire, Guillermo Ernesto Lafaire, filed.(Tamez, Juan) |
| Filing 13 SEALED RESPONSE Gloria E. Lafaire and Guillermo E. Lafaire's Verified Response to Petitioner's Verified Petition for Return of Minor Child to her Habitual Residence (Mexico) by Gloria Eliza Lafaire, Guillermo Ernesto Lafaire, filed. (Attachments: #1 Exhibit EX. A (Certificate of Birth), #2 Exhibit EX. B (Power of Attorney), #3 Exhibit EX. C (Paternity Registry Response), #4 Exhibit Ex. D Temporary Orders Hearing Transcript (2020-10-19) 341st District Court, #5 Exhibit Ex. E-1. (Heart condition - medical records), #6 Exhibit Ex. E-2 Dr. Cabello & CC's Tooth Factory, #7 Exhibit Ex. E-3 Dr. Amando Garza M.D., #8 Exhibit Ex. F (Business Records Affidavit - Lollipop Learning Center), #9 Exhibit Ex. G (U.I.S.D. Records), #10 Exhibit Ex. H-1 (Affidavit of Marcela Rendon), #11 Exhibit Ex. H-2 (Affidavit of Belva Gonzalez), #12 Exhibit Ex. H-3 (Affidavit of Gabriela Cordova), #13 Exhibit Ex. H-4 (Affidavit of Jorge Alejandro Nino), #14 Exhibit Ex. H-5 (Affidavit of Leticia Lopez), #15 Exhibit Ex. I-0 March, 2019 through March, 2020 -, #16 Exhibit Ex. I-1. New Born, #17 Exhibit Ex. I-2. One year old birthday party, #18 Exhibit Ex. I-3. 0 months to 12 months of age, #19 Exhibit Ex. I-4. One year to two years of age, #20 Exhibit Ex. I-5. Two year old birthday party, #21 Exhibit Ex. I-6. Two years to three years of age, #22 Exhibit Ex. I-7. Three year old birthday party in Laredo, Texas, #23 Exhibit Ex. I-8. Three years to four years of age, #24 Exhibit Ex. I-9. Four year old birthday party in Laredo, Texas, #25 Exhibit Ex. I-10. Four years to five years of age, #26 Exhibit Ex. I-11. Five year old birthday party in Laredo, Texas, #27 Exhibit Ex. I-12. Five years to six years of age, #28 Exhibit Ex. I-13. Six years going into her 7th year of age, #29 Exhibit Ex. I-14 (Affidavit of Gloria Lafaire), #30 Exhibit Ex. J - Passport MNJ, #31 Exhibit Ex. K-1 (Fraygosa complaint), #32 Exhibit Ex. K-2 Laredo Police Department Incident Report - 09-03-20, #33 Exhibit Ex. L First Amended Petition for Adoption Alt. SAPCR w Exhibits, #34 Exhibit Ex. M (Temporary Orders (Certified Copy), #35 Exhibit Ex. N (Judge's Art 16 Stay Letter), #36 Exhibit Ex. O-1 (Subpoena Duces Tecum - DFPS), #37 Exhibit Ex. O-2 2020 12-08 Correspondence from TDFPS, #38 Exhibit Ex. O-3 2020 11-13 CPS_INVESTIGATION REPORT, #39 Exhibit Ex. P (Laredo Police Department Incident Report (Allegation of Physical and Sexual Abuse), #40 Exhibit Ex. Q Guardian Ad Litem Report by Claudia Balli 10192020, #41 Exhibit Ex. R-1 Jordan (091820), #42 Exhibit Ex. R-2 (Jordan 10182020), #43 Exhibit Ex. R-3 (Jordan 12182020), #44 Exhibit Ex. R-4 (Jordan 05092021), #45 Exhibit Ex. R-5 (Jordan 06112021), #46 Exhibit Ex. R-6 (Affidavit of Judith Jordan)) (Tamez, Juan) |
| Filing 12 ADVISORY by Gloria Eliza Lafaire, Guillermo Ernesto Lafaire, filed.(Tamez, Juan) |
| ***Delivery Confirmation for delivery date(s) 6/18/2021 at 1:43 PM signed by M. Solis re: 9 Document(s) Sent, filed. (vcantu, 5) |
| ***Delivery Confirmation for delivery date(s) 6/18/2021 at 4:06 PM signed by M. Moreno re: 11 Document(s) Sent, filed. (vcantu, 5) |
| ***Delivery Confirmation for delivery date(s) 6/18/2021 at 10:40 A.M. re: 10 Document(s) Sent, filed. (vcantu, 5) |
| Filing 8 Sealed MEMORANDUM AND ORDER. Copies provided to Petitioners and Respondents, filed. (vcantu, 5) |
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Filing 7
ORDER granting #5 Motion to appear Pro Hac Vice as to Claudia Lanese Garcia.(Signed by Judge Diana Saldana) Parties notified.(vcantu, 5)
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| Filing 6 NOTICE of Appearance by Juan Francisco Tamez on behalf of Gloria Eliza Lafaire, Guillermo Ernesto Lafaire, filed. (Tamez, Juan) |
| Filing 5 MOTION Motions referred to Diana Song Quiroga. by Gloria Eliza Lafaire, Guillermo Ernesto Lafaire, filed. Motion Docket Date 7/6/2021. (Attachments: #1 Proposed Order Unopposed Order Granting Admissions Pro Hac Vice)(Tamez, Juan) |
| Summons Issued as to All Defendants. Issued summons delivered to plaintiff by First-class mail, filed.(vcantu, 5) |
| Filing 4 MOTION for Temporary Restraining Order by Magaly Rodriguez Elizondo, filed. Motion Docket Date 7/6/2021. (Attachments: #1 Exhibit Hague Abduction Convention, #2 Exhibit International Child Abduction Remedies Act, #3 Proposed Order Proposed Order)(Caswell, Gary) |
| Filing 3 Request for Issuance of Summons as to All Defendants, filed.(Caswell, Gary) |
| Filing 2 COMPLAINT against All Defendants filed by Magaly Rodriguez Elizondo. (Attachments: #1 Exhibit Application for Return, #2 Exhibit Birth Certificate of MNJ, #3 Exhibit Statements of Petitioners, #4 Exhibit Photos of MNJ, #5 Exhibit Photos of Respondents, #6 Exhibit Civil Code of Nuevo Leon, #7 Exhibit TFC 105.001, #8 Exhibit Attorney Certification)(Caswell, Gary) |
| Filing 1 APPLICATION to Proceed In Forma Pauperis filed by Magaly Rodriguez Elizondo, Cain Alberto Jaime Cano. (Attachments: #1 Civil Cover Sheet)(Balderas Flores, Marisa) |
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