Sanchez Mena v. Gomez Paz
| Ricardo Ernesto Sanchez Mena |
| Silvana Esther Gomez Paz |
| Melissa Bean |
| 2:2020cv00036 |
| January 16, 2020 |
| US District Court for the District of Utah |
| Jared C Bennett |
| Ted Stewart |
| Clark Waddoups |
| Paul M Warner |
| Other Statutory Actions |
| 42 U.S.C. § 11601 |
| None |
Docket Report
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This docket was last retrieved on March 28, 2023. A more recent docket listing may be available from PACER.
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Filing 187
MEMORANDUM in Opposition re #177 MOTION for Summary Judgment filed by Petitioner Ricardo Ernesto Sanchez Mena. (Attachments: #1 Affidavit Declaration of Ricardo Sanchez Mena in support of Opposition to Respondent's Motion for Summary Judgment, #2 Affidavit Declaration of Anjali Kulkarni in Support of Opposition of Motion to Dismiss and Motion for Summary Judgment, #3 Appendix of Evidence., #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18, #22 Exhibit 19, #23 Exhibit 20, #24 Exhibit 21, #25 Exhibit 22, #26 Exhibit 23, #27 Exhibit 24, #28 Exhibit 25, #29 Supplement Certificate of Service)(Kulkarni, Anjali)
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Filing 186
ORDER granting #184 Motion for Leave to File SUR-REBUTTAL. Signed by Judge Clark Waddoups on 03/03/2021. (jl)
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Filing 185
Motions No Longer Referred: #184 MOTION for Leave to File Sur-rebuttal (jwt)
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Filing 184
MOTION for Leave to File Sur-rebuttal - TO REVIEW MAGISTRATE JUDGE'S ORDER OF FEBRUARY 18, 2021 AND EXPERT REBUTTAL TESTIMONY filed by Respondent Silvana Esther Gomez Paz. (Attachments: #1 Exhibit Expert Testimony (Spanish), #2 Exhibit Expert Testimony (English)) Motions referred to Jared C. Bennett. (Filed as motion for leave to file per chambers instructions.)(jwt)
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Filing 183
MEMORANDUM DECISION AND ORDERfinding as moot #149 Motion for Extension of Time; granting in part and denying in part #151 Motion for Amended Scheduling Order ; denying #152 Motion for Consolidation of Defenses. Signed by Magistrate Judge Jared C. Bennett on 2/18/21. (jwt)
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Filing 182
ORDER denying #179 Motion for Amended Scheduling Order. Signed by Judge Clark Waddoups on 2/10/21. (jwt)
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Filing 181
MEMORANDUM in Opposition re #179 MOTION for Amended Scheduling Order in Response to Docket # 178 filed by Respondent Silvana Esther Gomez Paz. (jwt)
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Filing 180
MOTION for Partial Summary Judgment filed by Petitioner Ricardo Ernesto Sanchez Mena. (Attachments: #1 Affidavit Declaration of Ricardo Sanchez Mena In Support of Motion for Summary Judgment, #2 Appendix of Evidence, #3 Exhibit 1 (Redacted), #4 Exhibit 2 (Redacted), #5 Exhibit 3 (Redacted), #6 Exhibit 4, #7 Exhibit 5 (Redacted), #8 Exhibit 6 (Redacted), #9 Exhibit 7 (Redacted), #10 Exhibit 8 (Redacted), #11 Exhibit 9 (Redacted), #12 Exhibit 10 (Redacted), #13 Exhibit 11 (Redacted), #14 Exhibit 12 (Redacted), #15 Exhibit 13 (Redacted), #16 Exhibit 14 (Redacted), #17 Exhibit 15 (Redacted), #18 Exhibit 16 (Redacted), #19 Exhibit 17 (Redacted), #20 Exhibit 18 (Redacted), #21 Exhibit 19 (Redacted), #22 Exhibit 20 (Redacted), #23 Exhibit 21 (Redacted), #24 Exhibit 22 (Redacted), #25 Exhibit 23 (Redacted), #26 Exhibit 24 (Redacted), #27 Exhibit 25 (Redacted), #28 Exhibit 26 (Redacted), #29 Exhibit 27 (Redacted), #30 Exhibit 28 (Redacted), #31 Exhibit 29 (Redacted), #32 Exhibit 30 (Redacted), #33 Exhibit 31 (Redacted), #34 Exhibit 32 (Redacted), #35 Supplement Certificate of Service)(Kulkarni, Anjali)
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Filing 179
MOTION for Amended Scheduling Order in Response to Docket # 178 filed by Petitioner Ricardo Ernesto Sanchez Mena. Motions referred to Jared C. Bennett.(Kulkarni, Anjali)
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Filing 178
ORDER- Striking Motions, Granting Leave to File and Setting Briefing Schedule. Motions 163 MOTION for Summary Judgment and Memorandum in Support filed by Ricardo Ernesto Sanchez Mena and 147 MOTION to Dismiss filed by Silvana Esther Gomez Paz are STRICKEN. Petition is granted leave to refile his Motion for Partial Summary and corrected exhibits. Respondent's motion #177 will be treated as a Motion for Summary Judgment. See order for briefing schedule. Signed by Judge Clark Waddoups on 2/2/21. (alf)
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Filing 177
MOTION to Dismiss and Memorandum in Support filed by Respondent Silvana Esther Gomez Paz. (Attachments: #1 Exhibit)(alf) Modified on 2/2/2021 - per order #178 , motion to be treated as a Motion for Summary Judgment. (alf).
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Filing 176
RESPONSE TO ORDER TO SHOW CAUSE re #174 Order to Show Cause filed by Silvana Esther Gomez Paz. (alf)
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Filing 175
RESPONSE TO ORDER TO SHOW CAUSE re #174 Order to Show Cause filed by Ricardo Ernesto Sanchez Mena. (Attachments: #1 Exhibit A)(Kulkarni, Anjali)
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Filing 174
ORDER TO SHOW CAUSE. Signed by Judge Clark Waddoups on 12/30/2020. (jwt)
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Filing 173
**SEALED DOCUMENT** EXHIBITS #1, #2, and Redacted #2 re #172 Memorandum in Opposition to Motion filed by Respondent Silvana Esther Gomez Paz.(Exhibits filed under seal per privacy policy due to personal identifying information.) (Attachments: #1 Exhibit 2, #2 Exhibit 2 Redacted)(jwt)
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Filing 172
MEMORANDUM in Opposition re #155 MOTION to Compel Immigration Status filed by Respondent Silvana Esther Gomez Paz. (jwt)
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Filing 170
MEMORANDUM in Opposition re 147 MOTION to Dismiss filed by Petitioner Ricardo Ernesto Sanchez Mena. (Attachments: #1 Affidavit Declaration of B. Alexandra Jones In Support of Petitioners Opposition to Respondents Motion to Dismiss)(Kulkarni, Anjali)
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Filing 169
Minute Entry for proceedings held before Judge Clark Waddoups: Status Conference held on 12/18/2020. Counsel, respondent, GAL, court, and court reporter present by Zoom video conference. Ms. Bean stated that she is receiving cooperation from respondent and has held meetings with the minor child. Ms. Bean requested an additional order to access pleadings in a related state court proceeding and to intervene/interested party to review pleadings for the best interest of her client. Court instructed Ms. Bean to file a motion. Court raised the issue re: evidence that will need to be taken and parties to consider how to present by video or wait until a general order is entered to allow for in-person evidentiary hearing. No further issues to raise with court at this time.Court adjourned. Attorney for Plaintiff: Alexandra Jones, Anjali Kulkarni, George Niespolo, Attorney for Defendant: Silvana Gomez Paz. Guardian Ad Litem: Melissa Bean. Court Reporter: Teena Green.(Time Start: 2:00, Time End: 2:15, Room Video Conference.)(asb)
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Filing 168
EXHIBIT A - Redacted filed by Silvana Esther Gomez Paz re #164 Reply Memorandum/Reply to Response to Motion. (lnp)
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Filing 167
NOTICE OF HEARING: Status Conference set for Friday, 12/18/2020 at 02:00 PM by Zoom video conference before Judge Clark Waddoups. Video link emailed to counsel and respondent by Outlook calendar invitation and email. All others instructed to email utdecf_waddoups@utd.uscourts.gov to obtain video link. (asb)
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Filing 166
Motions No Longer Referred: #126 MOTION in camera review, #140 MOTION for Protective Order, #155 MOTION to Compel Immigration Status , #162 MOTION to Disqualify Counsel MOTION Disqualify Private Guardian Ad Litem. District Judge will handle these motions. (ncw)
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Filing 165
**SEALED DOCUMENT** re #164 Reply Memorandum/Reply to Response to Motion filed by Respondent Silvana Esther Gomez Paz. (Attachments: #1 Mailing Certificate)(lnp).
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Filing 164
REPLY to Response to Motion re #151 MOTION for Amended Scheduling Order filed by Respondent Silvana Esther Gomez Paz. (Attachments: #1 Exhibit B - Various attempts to obtain Peru's Central Authority Information)(lnp)
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Filing 162
MOTION to Disqualify Private Guardian Ad Litem; Reply to #126 MOTION in camera review filed by Respondent Silvana Esther Gomez Paz. (Attachments: #1 Exhibit 1 - PGAL Roster, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) Motions referred to Jared C. Bennett.(lnp)
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Filing 161
RESPONSE to Motion re #126 MOTION in camera review PGALs Recommendation re: In Camera Interview filed by Notice Party Melissa Bean. (Bean, Melissa)
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Filing 160
MEMORANDUM in Opposition re #151 MOTION for Amended Scheduling Order AMENDED Petitioners Opposition to Respondents Motion for Modification of Scheduling Order (this is to correct Dockets 156,157 and 158) filed by Petitioner Ricardo Ernesto Sanchez Mena. (Attachments: #1 Affidavit AMENDED Declaration of Ricardo Sanchez Mena in Support of Opposition of Motion To Amend Scheduling Orders.pdf, #2 Exhibit Exhibit A - Email to Peruvian Central Authority (2017-12-01) Spanish and English, #3 Affidavit AMENDED Declaration of Anjali Kulkarni in Opposition to Motion Amend Scheduling Orders, #4 Exhibit Exhibit A - Proposed Schedule, #5 Exhibit Exhibit B - Mercedes Email and Documents)(Kulkarni, Anjali)
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Filing 159
MEMORANDUM in Opposition re #149 MOTION for Extension of Time to File Motion to Dismiss filed by Petitioner Ricardo Ernesto Sanchez Mena. (Attachments: #1 Affidavit Declaration of Ricardo Sanchez Mena in Support of Opposition of Motion for Extension of Time to File Motion to Dismiss, #2 Exhibit Exhibit A - Email to Peruvian Central Authority (2017-12-01) Spanish and English, #3 Appendix Declaration of Anjali Kulkarni in Opposition to Motion for Extension of Time to File Motion to Dismiss, #4 Exhibit Exhibit A - Proposed Schedule, #5 Exhibit Exhibit B - Mercedes Email and Documents)(Kulkarni, Anjali)
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Filing 158
AFFIDAVIT/DECLARATION in Opposition re #151 MOTION for Amended Scheduling Order filed by Petitioner Ricardo Ernesto Sanchez Mena. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Kulkarni, Anjali)
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Filing 157
AFFIDAVIT/DECLARATION of Ricardo Sanchez Mena in Opposition re #151 MOTION for Amended Scheduling Order filed by Petitioner Ricardo Ernesto Sanchez Mena. (Attachments: #1 Exhibit Exhibit A)(Kulkarni, Anjali)
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Filing 156
MEMORANDUM in Opposition re #151 MOTION for Amended Scheduling Order filed by Petitioner Ricardo Ernesto Sanchez Mena. (Kulkarni, Anjali)
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Filing 155
MOTION to Compel Immigration Status filed by Petitioner Ricardo Ernesto Sanchez Mena. (Attachments: #1 Exhibit Exhibit A) Motions referred to Jared C. Bennett.(Kulkarni, Anjali)
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Filing 154
DOCKET TEXT ORDER. On November 16, 2020, Respondent filed a Motion for In Camera Interview of Child. (ECF No. 126.) On November 18, 2020, the court entered a docket text order instructing Guardian Ad Litem Melissa Bean to respond to the motion. (ECF No. 130.) On December 10, 2020, Respondent filed a Reply in support of her motion. (ECF No. 153.) If Guardian Ad Litem Melissa Bean has not met with the minor child, she is instructed to do so. After meeting with the child, Guardian Ad Litem Melissa Bean is instructed to submit a written recommendation to the court, on or before December 17, 2020, advising the court on whether Respondents Motion for In Camera Interview should be granted or denied. Signed by Judge Clark Waddoups on 12/11/2020. (ncw)
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Filing 171
**SEALED DOCUMENT** Original and certified legal documents from Lima, Peru filed by Respondent Silvana Esther Gomez Paz. (jwt)
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Filing 153
REPLY to Response to Motion re #126 MOTION in camera review filed by Respondent Silvana Esther Gomez Paz. (Attachments: #1 Exhibit A - RC)(lnp)
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Filing 152
MOTION for Consolidation of Defenses re #29 Answer to Amended Complaint, 147 MOTION to Dismiss filed by Respondent Silvana Esther Gomez Paz. Motions referred to Jared C. Bennett.(lnp)
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Filing 150
ORDER re 146 Order on Motion for TRO. Follows oral order of 12/7/2020. Signed by Judge Clark Waddoups on 12/8/2020. (lnp)
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Filing 151
MOTION for Modification of Scheduling Order re #97 Order filed by Respondent Silvana Esther Gomez Paz. Motions referred to Jared C. Bennett.(lnp)
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Filing 149
MOTION for Extension of Time to File Motion to Dismiss filed by Respondent Silvana Esther Gomez Paz. (Attachments: #1 Decreto_Supremo, #2 Disability, #3 Letter of Request Emails) Motions referred to Jared C. Bennett.(lnp)
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Filing 146
Minute Order. Proceedings held before Judge Clark Waddoups: Petitioner's counsel, respondent, court, and court reporter present by Zoom video conference. Argument heard on the petitioner's motion for temporary retraining order. Court made findings on the record and DENIED #132 Motion for TRO; Motion Hearing held on 12/7/2020 re #132 MOTION for Temporary Restraining Order filed by Ricardo Ernesto Sanchez Mena. Court ordered that respondent, if approved by the State of Utah judge to travel and leave the jursidiction, that she immediately advise and provide this court, petitioner's counsel, and GAL, assurances to the court of travel dates and intent to return to State of Utah.Court adjourned. Attorney for Plaintiff: Alexandra Jones, Anjali Kulkarni, George Niespolo, Attorney for Defendant Silvana Gomez Paz. Guardian Ad Litem: Melissa Bean. Court Reporter: Laura Robinson.(Time Start: 3:10, Time End: 3:30, Room Video Conference.) (asb)
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Filing 148
**SEALED DOCUMENT** re 147 MOTION to Dismiss filed by Respondent Silvana Esther Gomez Paz. (Attachments: #1 Mailing Certificate)(lnp)
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Filing 145
NOTICE of Appearance by Melissa M. Bean on behalf of Melissa Bean (Bean, Melissa)
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Filing 144
SUR-REPLY to Response to Motion re #132 MOTION for Temporary Restraining Order filed by Respondent Silvana Esther Gomez Paz. (lnp)
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Filing 143
AMENDED NOTICE OF HEARING ON MOTION re: #132 MOTION for Temporary Restraining Order : Motion Hearing reset for Monday, 12/7/2020 at 03:00 PM by Zoom video conference before Judge Clark Waddoups (moved from 12/3/2020 to accommodate GAL schedule).Video link emailed to counsel, respondent, GAL, and court reporter by Outlook calendar invitation. All others instructed to email utdecf_waddoups@utd.uscourts.gov to obtain video link. (asb)
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The December 3, 2020 hearing is VACATED. Guardian Ad Litem Melissa Bean is instructed to inform the court of her availability to attend the December 4, 2020 hearing. (See ECF No. 137.) If Melissa Bean is unavailable to attend the December 4, 2020 hearing, that hearing will be rescheduled. If Melissa Bean is unavailable for the December 4, 2020 hearing, she is instructed to provide the court with her availability between December 7 and December 11. (ncw)
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Set Hearings: Zoom Status Conference set for 12/3/2020 at 03:00 PM before Judge Clark Waddoups. On November 10, 2020, the court's November 2, 2020 order appointing Melissa Bean as Guardian Ad Litem for A.L. was uploaded to the docket. (ECF No. 119.) On November 16, 2020, Respondent filed a Motion for in Camera Review "for the purpose of determining the childs wishes, demeanor, and best interest regarding the pending Complaint in this Court." (ECF No. 126 at 1.) On November 18, 2020, the court instructed both the petitioner and "Guardian Ad Litem Melissa Bean... to respond to" Respondent's Motion for in Camera Review "on or before Wednesday November 25, 2020." (ECF No. 130.) On November 20, 2020, Petitioner filed a Motion for Order Restraining Respondent from Removing Minor from the Court's Jurisdiction. (ECF No. 132 at 2.) On November 23, 2020, Respondent filed an Opposition to Petitioner's Motion for Restraining Order. (ECF No. 134.) In her Opposition, Respondent represented that the Guardian Ad Litem had not met with the minor child as of that date. (ECF No. 134 at 5 ("It would be great if the appointed counsel would actually try to contact and meet with the child. Still, as of todays date, not such attempt to interact has been made and it would be difficult for the guardian to accomplish her duties without meeting the child.").) On November 24, 2020, the court instructed both Petitioner and Guardian Ad Litem Melissa Bean to respond to Respondent's Opposition to Petitioner's Motion for Restraining Order on or before December 1, 2020. Guardian Ad Litem Melissa Bean still has not filed a response Respondent's Motion for in Camera Review. Nor has Guardian Ad Litem Melissa Bean filed a response to Respondent's Opposition to Petitioner's Motion for Restraining Order. The court sets a Zoom status conference for 3:00 PM MT for December 3, 2020. Counsel for Petitioner, Respondent, and Guardian Ad Litem Melissa Bean are instructed to attend. (ncw)
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Filing 142
REPLY to Response to Motion re #132 MOTION for Temporary Restraining Order filed by Petitioner Ricardo Ernesto Sanchez Mena. (Kulkarni, Anjali)
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Filing 141
RESPONSE re #128 Designation of Experts, filed by Ricardo Ernesto Sanchez Mena. (Kulkarni, Anjali)
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Filing 140
MOTION for Protective Order filed by Respondent Silvana Esther Gomez Paz. Motions referred to Jared C. Bennett.(lnp)
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Filing 139
MEMORANDUM in Opposition re #126 MOTION in camera review filed by Petitioner Ricardo Ernesto Sanchez Mena. (Kulkarni, Anjali)
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Filing 138
MEMORANDUM DECISION AND ORDER denying #111 Motion for Leave to Amend Answer. Signed by Magistrate Judge Jared C. Bennett on 11/25/2020. (lnp)
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Filing 137
NOTICE OF HEARING ON MOTION re: #132 MOTION for Temporary Restraining Order : Motion Hearing set for 12/4/2020 at 02:00 PM by Zoom video conference before Judge Clark Waddoups. Video link emailed to counsel, defendant, and court reporter by Outlook calendar invitation. All others instructed to email utdecf_waddoups@utd.uscourts.gov to obtain video link. (asb)
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Filing 136
DOCKET TEXT ORDER No attached document. On November 20, 2020, Petitioner filed a Motion for Order Restraining Respondent From Removing Minor from the Court's Jurisdiction. (ECF No. 132). On November 23, 2020, Respondent filed a Memorandum In Opposition to Petitioner's Motion for Restraining Order and Motion to Strike. (ECF No. 134). Both (1) Petitioner and (2) Guardian Ad Litem Melissa Bean are instructed to reply to Respondent's Opposition on or before Tuesday December 1, 2020. Signed by Judge Clark Waddoups on 11/24/20. (ncw)
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Filing 133
ORDER Overruling #127 Respondent's Objection to Magistrate Judge's Order. Signed by Judge Clark Waddoups on 11/24/2020. (lnp)
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Filing 135
**SEALED DOCUMENTS** re #134 Memorandum in Opposition to Motion filed by Respondent Silvana Esther Gomez Paz. (Attachments: #1 Exhibit C)(lnp)
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Filing 134
MEMORANDUM in Opposition re #132 MOTION for Temporary Restraining Order and Motion to Strike filed by Respondent Silvana Esther Gomez Paz. (Attachments: #1 Exhibit B - Certified Total Conciliatory Agreement)(lnp)
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Filing 132
MOTION for Temporary Restraining Order filed by Petitioner Ricardo Ernesto Sanchez Mena. (Attachments: #1 Exhibit Exhibit A)(Kulkarni, Anjali)
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Filing 131
MEMORANDUM DECISION AND ORDER denying #104 Motion for Issuance of a Letter Rogatory. Signed by Magistrate Judge Jared C. Bennett on 11/20/2020. (lnp)
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Filing 130
DOCKET TEXT ORDER No attached document. On November 16, 2020, Respondent filed a Motion for In Camera Interview of Child. (ECF No. 126). Both (1) Petitioner and (2) Guardian Ad Litem Melissa Bean are instructed to respond to this motion on or before Wednesday November 25, 2020. Signed by Judge Clark Waddoups on 11/18/20. (ncw)
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Filing 129
AMENDED DESIGNATION OF EXPERTS Beatriz E. Patino Lopez filed by Respondent Silvana Esther Gomez Paz.(lnp)
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Filing 128
DESIGNATION OF EXPERTS Beatriz E. Patino Lopez filed by Respondent Silvana Esther. Gomez Paz.(lnp)
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Filing 127
OBJECTION TO MAGISTRATE JUDGE'S ORDER by Silvana Esther Gomez Paz re #124 ORDER denying #68 Respondent's Motion for Protective Order. (Attachments: #1 Exhibit B - Petitioner's contacting and giving false testimony, #2 Exhibit C -Petitioner's contacting and lying to ICE, #3 Exhibit D - Petitioner's ordering the President of the United States, #4 Exhibit E - Petitioner's inquiry to a former congresswoman in Peru, Rosario Sasieta)(lnp)
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Filing 126
MOTION for in Camera Review filed by Respondent Silvana Esther Gomez Paz. Motions referred to Jared C. Bennett.(lnp)
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Filing 125
REPLY to Response to Motion re #111 MOTION for Leave to File Amended Answer filed by Respondent Silvana Esther Gomez Paz. (Attachments: #1 Exhibit A - Yahoo Email)(lnp)
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Filing 124
ORDER denying #68 Respondent's Motion Protective Order. Signed by Magistrate Judge Jared C. Bennett on 11/13/2020. (lnp)
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Filing 123
Modification of Docket re #122 Reply Brief. Error: the entry was not linked to the related document, #115 Opposition to #76 Designation of Experts. Correction: the document link was added to the entry text. (jwt)
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Filing 122
REPLY BRIEF to #115 Opposition to #76 Designation of Experts filed by Petitioner Ricardo Ernesto Sanchez Mena. (Attachments: #1 Exhibit Exhibit A)(Kulkarni, Anjali) Modified on 11/12/2020 adding link to #115 (jwt).
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Filing 121
NOTICE OF FILING of Withdrawal of Objection to Magistrate Judge's Scheduling Order and Order Striking re #112 Objection to Magistrate Judge Decision to District Court filed by Respondent Silvana Esther Gomez Paz. (lnp)
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Filing 120
MEMORANDUM in Opposition re #111 MOTION for Leave to File Amended Answer filed by Petitioner Ricardo Ernesto Sanchez Mena. (Kulkarni, Anjali)
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Filing 119
ORDER Appointing Guardian Ad Litem. Signed by Judge Clark Waddoups on 11/2/2020. (lnp)
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Filing 118
REDACTED EXHIBIT A filed by Silvana Esther Gomez Paz re #115 Opposition. (lnp)
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Filing 117
AMENDED REPLY to Response to Motion re #104 MOTION for Issuance of Letters Rogatory and Memorandum in Support filed by Respondent Silvana Esther Gomez Paz. (Attachments: #1 Exhibit A)(lnp)
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Filing 116
REPLY to Response to Motion re #104 MOTION for Issuance of Letters Rogatory and Memorandum in Support filed by Respondent Silvana Esther Gomez Paz. (Attachments: #1 Exhibit A)(lnp)
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Filing 114
Modification of Docket: Error: Exhibit E at #104 was inadvertently entered without all of the pages and is not a complete exhibit; it has now been labeled as "Partial" Exhibit E. Correction: Three Exhibit E's have now been added to the docket as all three were emailed on 11/2/2020 to the court re #104 MOTION for Issuance of Letters Rogatory and Memorandum in Support. (lnp)
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Filing 115
Opposition to #76 Designation of Experts filed by Silvana Esther Gomez Paz. (Attachments: #1 Exhibit A - Judicial Order Dec 21 2016 & Translation)(lnp)
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Filing 113
ORDER denying #109 Motion to Unseal Filings; The Clerk of the Court shall seal #110 Respondent's Notice of Filing of Complete Conciliatory Agreement Act and Certificate of Translation; Respondent's informal request for a hearing is denied. Signed by Magistrate Judge Jared C. Bennett on 11/9/2020. (lnp)
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Filing 112
OBJECTION TO MAGISTRATE JUDGE DECISION by Silvana Esther Gomez Paz re #97 Order and #106 . (Attachments: #1 Exhibit A)(lnp)
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Filing 111
MOTION for Leave to File Amended Answer filed by Respondent Silvana Esther Gomez Paz. (Attachments: #1 Exhibit A - Court Order, #2 Exhibit B - Respondent's Verified Third Amended Answer) Motions referred to Jared C. Bennett.(lnp)
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Filing 110
NOTICE OF FILING of Complete Conciliatory Agreement Act and Certificate of Translation filed by Respondent Silvana Esther Gomez Paz. (lnp)
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Filing 109
Ex Parte MOTION to Unseal Documents 103 Sealed Entry, filed by Silvana Esther Gomez Paz, 101 Sealed Entry filed by Respondent Silvana Esther Gomez Paz. (Attachments: #1 Exhibit A - Petitioner's Email, #2 Exhibit B - Response to False Allegations, #3 Exhibit C - Redacted Document) Motions referred to Jared C. Bennett.(lnp)
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Filing 108
RESPONSE to Motion re #104 MOTION for Issuance of Letters Rogatory and Memorandum in Support filed by Petitioner Ricardo Ernesto Sanchez Mena. (Kulkarni, Anjali)
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Filing 107
ORDER STRIKING #106 Respondent's Reply, filed by Silvana Esther Gomez Paz. If Respondent wishes to file any memoranda not contemplated under the scheduling orders in this case, she must obtain prior leave of court. Signed by Magistrate Judge Jared C. Bennett on 11/5/2020. (lnp)
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Filing 106
**STRICKEN** RESPONSE re #78 DECLARATION of Petitioner Ricardo Mena re #75 Notice of Filing, Rebuttal filed by Silvana Esther Gomez Paz. (Attachments: #1 Exhibit A - Certified Translation of Article 76 of Code of Children and Adolescents, #2 Exhibit B - Sanctioning Aspect of Parental Authority)(lnp) Modified on 11/5/2020 by striking per #107 Order (lnp).
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Filing 105
ORDER VACATING Status Conference set for 11/17/2020 at 02:00 PM before Judge Waddoups. The Order (ECF No. 94) setting a status conference for 12/18/20 at 2:00 PM remains in effect. Signed by Judge Clark Waddoups on 11/3/20. (ncw)
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Filing 104
MOTION for Issuance of Letters Rogatory and Memorandum in Support filed by Respondent Silvana Esther Gomez Paz. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5Partial Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Text of Proposed Order, #9 Text of Proposed Order).(lnp) (Additional attachment(s) added on 11/10/2020: #10 Exhibit E - Complete Exhibit (1), #11 Exhibit E - Complete Exhibit (2), #12 Exhibit E - Complete Exhibit (3)). Modified on 11/10/2020 by adding three exhibits that were inadvertently missed during docketing; Three Exhibit E's. (lnp).
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Filing 102
REPLY to Response to Motion re #68 MOTION and Memorandum in Support filed by Respondent Silvana Esther Gomez Paz. (Attachments: #1 Exhibit A - Superior Court of Justice of Lima's Judgement issued on August 19, 2015 and translation, #2 Exhibit C - Petitioner's contacting and lying to ICE, #3 Exhibit D - Petitioner's ordering the President of the United States, #4 Exhibit E - Petitioner's inquiry to a former congresswoman in Peru, Rosario Sasieta, #5 Exhibit F - Joshua Oldham raised allegations of child abduction, #6 Exhibit - Standard Protective Order Regarding Respondent and Minor Child).(lnp)
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Filing 100
NOTICE OF HEARING: Status Conference set for Friday, 12/18/2020 at 02:00 PM by Zoom video conference before Judge Clark Waddoups. Video conference link emailed to counsel, respondent, and court reporter by Outlook calendar invitation. All others instructed to email utdecf_waddoups@utd.uscourts.gov to obtain video link. (asb)
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Filing 99
Set/Reset Scheduling Order Deadlines: Discovery due by 12/8/2020 per #97 Order. (jwt)
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Filing 98
Set/Reset Scheduling Order Deadlines: Motions due by 12/15/2020 per #97 Order. (jwt)
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Filing 97
ORDER re: 93 Minute Entry finding as moot #67 Motion Request for International Judicial Assistance Pursuant to the Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters; granting #73 Motion to Strike ; finding as moot #82 Motion for Extension of Time. Oral Motion to Withdraw as Counsel by Amy Lynn Williamson is Granted. Oral Motion for Email Filing by Respondent is granted. Respondent's reply to #68 Motion for Protective Order is due 10/29/2020. #66 Answer and #69 Amended Answer are stricken. See order for other deadlines. Signed by Magistrate Judge Jared C. Bennett on 10/27/2020. (jwt)
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Filing 96
ORDER re 93 Status Conference. Accordingly, IT IS HEREBY ORDERED: 1. Former Counsel shall provide their entire case file in this matter to Respondent by 5:00 p.m. on October 28, 2020.2. The Clerk of the Court shall send a copy of this Order to Former Counsel at the following email addresses:martin@lewishansen.comcarolina@duvancedlaw.com3. By 5:00 p.m. on October 28, 2020, Former Counsel shall notify the court concerning their compliance with this Order. Said notice shall be submitted via email to utdecf_bennett@utd.uscourts.gov.4. Former Counsels failure to comply with all terms of this order will result in the court ordering them to appear at an in-person hearing to explain the failure. Signed by Magistrate Judge Jared C. Bennett on 10/27/2020. (jwt)
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Filing 95
ORDER REFERRING MOTION #82 Ex Parte (Not Sealed) MOTION for Extension of Time Respondent's Responsive Upcoming Filing Deadlines and Memorandum in Support filed by Silvana Esther Gomez Paz. Motions referred to Judge Jared C. Bennett. Signed by Judge Clark Waddoups on 10/27/20. (ncw)
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Filing 94
ORDER SETTING HEARING OR TRIAL Status Conference set for 12/18/2020 at 02:00 PM in Rm 8.100 before Judge Clark Waddoups. Signed by Magistrate Judge Jared C. Bennett on 10/27/2020. (ksm)
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Filing 93
Minute Entry for proceedings held before Magistrate Judge Jared C. Bennett: Status Conference held on 10/27/2020.All parties appeared by Zoom.The court hears from counsel. See Written Order to Follow. Attorney for Plaintiff: Anjal Kulkarni, Attorney for Defendant: Amy Williamson. Court Reporter: Zoom 7.100.(ksm)
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Filing 92
ORDER SETTING ZOOM HEARING OR TRIAL Status Conference set for 10/27/2020 at 01:00 PM in Judges Chambers before Magistrate Judge Jared C. Bennett. Zoom instructions will be sent to all counsel prior to the hearing. The general public is to notify Judge Bennett's chambers at 801-524-6620 24 hours in advance of hearing if they wish to attend/listen in on Zoom hearing. Signed by Magistrate Judge Jared C. Bennett on 10/20/2020. (ksm)
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Filing 91
EXHIBITS filed by Ricardo Ernesto Sanchez Mena re #3 Amended Complaint,,. (Attachments: #1 Exhibit Exhibit B -- Birth Certificate REDACTED, #2 Exhibit Exhibit C -- Divorce Agreement REDACTED, #3 Exhibit Exhibit D -- Travel Authorization REDACTED, #4 Exhibit Exhibit E -- Travel Revocation REDACTED, #5 Exhibit Exhibit F -- Visitation Complaint REDACTED, #6 Exhibit Exhibit G -- Hague Convention Request REDACTED, #7 Exhibit Exhibit H -- Spainish Creminal Complaint REDACTED)(Kulkarni, Anjali)
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Filing 90
NOTICE of Appearance by Amy Lynn Williamson on behalf of Silvana Esther Gomez Paz (Williamson, Amy)
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Filing 89
AFFIDAVIT of Petitition's Response to Respondent's Affidavit re #88 Correspondence filed by Ricardo Ernesto Sanchez Mena. (Attachments: #1 Exhibit Exhibit A)(Kulkarni, Anjali)
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Filing 88
Correspondence from Silvana Esther Gomez Paz. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (lnp)
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Filing 87
Minute Order. Proceedings held before Judge Clark Waddoups: Counsel, respondent, court, and court reporter present by Zoom video conference. Argument heard on Mr. Stolzs and Ms. Duvanceds motion to withdraw as counsel for respondent. Court made findings on the record and GRANTED the motion. Ms. Gomez Paz allowed 21 days to obtain new counsel. Court stayed all proceedings until Ms. Gomez Paz has retained new counsel. Court adjourned.granting #83 Motion to Withdraw as Counsel. Attorney Carolina Duvanced and Martin Stolz withdrawn from case for Respondent. ; Motion Hearing held on 9/28/2020 re #83 Ex Parte (Not Sealed) MOTION to Withdraw as Counsel and Memorandum in Support Ex Parte Order of Withdrawal of Counsel for Respondent filed by Silvana Esther Gomez Paz. Attorney for Plaintiff: Martin Stolz, Carolina Duvanced, Attorney for Defendant Alexandra Jones, Anjali Kulkarni. Court Reporter: Patti Walker.(Time Start: 2:00, Time End: 3:25, Room Video Conference.) (asb)
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Filing 86
RESPONSE to Motion re #83 Ex Parte (Not Sealed) MOTION to Withdraw as Counsel and Memorandum in Support Ex Parte Order of Withdrawal of Counsel for Respondent filed by Petitioner Ricardo Ernesto Sanchez Mena. (Attachments: #1 Affidavit Alexandra Jones Declaration in Support of Petitioners Response to Respondents Motion to Withdraw as Counsel, #2 Exhibit Exhibit A)(Kulkarni, Anjali)
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Filing 85
ORDER Staying All Deadlines and Setting Hearing on #83 Ex Parte (Not Sealed) MOTION to Withdraw as Counsel. Motion Hearing set for 9/28/2020 at 02:00 PM before Judge Clark Waddoups. Signed by Judge Clark Waddoups on 9/24/20. (alf)
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Filing 84
Motions No Longer Referred to Magistrate Judge Jared C. Bennett: #82 Ex Parte (Not Sealed) MOTION for Extension of Time; and #83 Ex Parte (Not Sealed) MOTION to Withdraw as Counsel. The motions will be handled by District Judge Clark Waddoups. (jcd)
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Filing 83
Ex Parte (Not Sealed) MOTION to Withdraw as Counsel and Memorandum in Support Ex Parte Order of Withdrawal of Counsel for Respondent filed by Respondent Silvana Esther Gomez Paz. (Attachments: #1 Exhibit Exh. A Client Emails - written Consent to Withdrawal 22-Sept-2020, #2 Exhibit Exh. B Email to Petitioner's Counsel 23-Sept-2020, #3 Exhibit Exh. C Proposed Ex Parte Order on Ex Parte Motion for Withdrawal) Motions referred to Jared C. Bennett.(Stolz, Martin)
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Filing 82
Ex Parte (Not Sealed) MOTION for Extension of Time Respondent's Responsive Upcoming Filing Deadlines and Memorandum in Support filed by Respondent Silvana Esther Gomez Paz. (Attachments: #1 Exhibit Email to Petitioner's Counsel re extension of time, #2 Exhibit Proposed Ex Parte Order on Ex Parte Motion for Extension of Time) Motions referred to Jared C. Bennett.(Stolz, Martin)
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Filing 81
AFFIDAVIT/DECLARATION of Silvana Esther Gomez Paz in Support re #79 MOTION to Withdraw as Counsel and Memorandum in Support with Client's Consent per DUCivR 83-1.4(b)(1) filed by Respondent Silvana Esther Gomez Paz. (jwt)
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Filing 80
DOCKET TEXT ORDER denying without prejudice #79 Motion to Withdraw as Counsel filed by Respondent Silvana Esther Gomez Paz. The motion does not fully comply with the requirements of DUCivR 83-1.4. For that reason, the motion is denied without prejudice. Signed by Magistrate Judge Jared C. Bennett on 09/23/2020. (docket text order; no attached document) (jcd)
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Filing 79
MOTION to Withdraw as Counsel and Memorandum in Support with Client's Consent per DUCivR 83-1.4(b)(1) filed by Respondent Silvana Esther Gomez Paz. (Attachments: #1 Exhibit Client email consent to withdrawal, #2 Text of Proposed Order ex parte order - PDF - text to be emailed to the court) Motions referred to Jared C. Bennett.(Stolz, Martin)
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Filing 78
DECLARATION of Petitioner Ricardo Mena re #75 Notice of Filing, Rebuttal filed by Ricardo Ernesto Sanchez Mena. (Attachments: #1 Exhibit Exhibit A)(Kulkarni, Anjali)
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Filing 77
DESIGNATION OF EXPERTS Rosa Vilner Vargas, Beatriz Patio Lpez, David L. Corwin, Sonia Salari, and Brooke St. John filed by Respondent Silvana Esther Gomez Paz.(Stolz, Martin)
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Filing 76
DESIGNATION OF EXPERTS Carlos Alfonso Nieves Chen filed by Petitioner Ricardo Ernesto Sanchez Mena.(Kulkarni, Anjali)
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Filing 75
NOTICE OF FILING filed by Respondent Silvana Esther Gomez Paz. (Attachments: #1 Exhibit Exh. 3 Codigo Civil Nos. 340-418-420-422-466, #2 Exhibit Exh. 4 Civil Code (ENGLISH) Nos. 340-418-420-422-466, #3 Exhibit Exh. 5 Codigo de Nios y AdolescentesNos. 74-75-77-111, #4 Exhibit Exh. 6 Children's Code (ENGLISH) Nos. 74-75-77-111)(Stolz, Martin)
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Filing 74
MEMORANDUM in Opposition re #67 MOTION Request for International Judicial Assistance Pursuant to the Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters and Memorandum in Support filed by Petitioner Ricardo Ernesto Sanchez Mena. (Attachments: #1 Affidavit Alexandra Jones Declaration, #2 Exhibit Exhibit A)(Kulkarni, Anjali)
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Filing 73
MOTION to Strike #69 Amended Answer to Complaint, #66 Amended Answer to Complaint filed by Petitioner Ricardo Ernesto Sanchez Mena. Motions referred to Jared C. Bennett.(Kulkarni, Anjali)
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Filing 72
MEMORANDUM in Opposition re #68 MOTION and Memorandum in Support filed by Petitioner Ricardo Ernesto Sanchez Mena. (Attachments: #1 Affidavit Alexandra Jones Declaration, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B)(Kulkarni, Anjali)
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Filing 71
ORDER STRIKING re #70 Notice of Filing, filed by Silvana Esther Gomez Paz. On or before September 14, 2020, Respondent may file amended declarations of foreign law that are meaningfully specific. Absent extraordinary circumstances, that deadline will not be extended. Petitioners deadline for filing his rebuttal declarations of foreign law is hereby extended to September 21, 2020. Signed by Magistrate Judge Jared C. Bennett on 9/9/2020. (lnp)
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Filing 70
**STRICKEN** NOTICE OF FILING re #69 Amended Answer to Complaint DECLARATION OF FOREIGN LAW filed by Respondent Silvana Esther Gomez Paz. (Attachments: #1 Exhibit Exh. 1 CIVIL CODE OF PERU (2020), #2 Exhibit Exh. 2 CODE OF CHILDREN AND ADOLESCENTS)(Stolz, Martin) Modified on 9/9/2020 by striking text per #71 Order. (lnp).
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Filing 69
**STRICKEN PER #97 ORDER** AMENDED ANSWER to Second Amended Answer to #3 Amended Complaint,, filed by Silvana Esther Gomez Paz. (Stolz, Martin) Modified on 10/27/2020 (jwt).
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Filing 68
MOTION and Memorandum in Support filed by Respondent Silvana Esther Gomez Paz. (Attachments: #1 Exhibit Proposed Standard Protective Order re Immigration Status and Address) Motions referred to Jared C. Bennett.(Stolz, Martin)
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Filing 67
MOTION Request for International Judicial Assistance Pursuant to the Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters and Memorandum in Support filed by Respondent Silvana Esther Gomez Paz. (Attachments: #1 Exhibit Hague Letter of Request) Motions referred to Jared C. Bennett.(Stolz, Martin)
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Filing 66
**STRICKEN PER #97 ORDER** AMENDED ANSWER to #3 Amended Complaint,, filed by Silvana Esther Gomez Paz. (Stolz, Martin) Modified on 10/27/2020 (jwt).
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Filing 65
MEMORANDUM DECISION and ORDER - IT IS HEREBY ORDERED that the deadline for filing declarations of foreign law is extended to September 7, 2020, and the deadline for both parties' rebuttal declarations of foreign law is extended to September 14, 2020. Signed by Magistrate Judge Jared C. Bennett on 8/14/2020. (lnp)
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Filing 64
AMENDED NOTICE OF HEARING: Status Conference reset for Tuesday, 11/17/2020 at 02:00 PM by Zoom video conference before Judge Clark Waddoups (continued from 8/17/2020). Video link emailed to counsel and court reporter by Outlook calendar invitation. All others (media, public, etc) are isntructed to email utdecf_waddoups@utd.uscourts.gov to obtain video link. (asb)
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Filing 63
OBJECTIONS to #62 Respondent's Brief on #49 Motion for Extension of Time to File Declaration of Foreign Law MOTION for Extension of Time Discovery Issues and Briefing Schedule and Memorandum in Support [This filing is in Response to Document 62, which was not an option to link to this filing] filed by Petitioner Ricardo Ernesto Sanchez Mena. (Attachments: #1 Affidavit Kulkarni Declaration)(Kulkarni, Anjali) Modified on 8/12/2020 by modifying the text and linking the objection (lnp).
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Filing 62
Brief on Motion for Extension of Time to File Declaration of Foreign Law BRIEF re #60 Order on Motion for Short Term Discovery,,,, Order on Motion for Extension of Time,,,, Order on Motion to Expedite,,, #61 Scheduling Order filed by Respondent Silvana Esther Gomez Paz. (Stolz, Martin)
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Filing 61
AMENDED SCHEDULING ORDER: Amended Pleadings due by 9/3/2020. All Discovery due by 10/8/2020. Motions due by 10/22/2020. Signed by Magistrate Judge Jared C. Bennett on 7/23/20 (alt)
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Filing 60
ORDER denying without prejudice #45 Motion for Short Term Discovery; denying without prejudice #46 Motion for Short Term Discovery; denying as moot #49 Motion for Extension of Time; denying without prejudice #57 Motion for Short Term Discovery. Signed by Magistrate Judge Jared C. Bennett on 7/23/20 (alt)
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Filing 59
Minute Entry for proceedings held before Magistrate Judge Jared C. Bennett: Motion Hearing held on 7/23/2020 re #46 MOTION to Expedite HEARING OF PETITIONERS SHORT FORM DISCOVERY MOTION RE RESPONDENTS INADEQUATE RESPONSES TO PETITIONERS REQUEST FOR PRODUCTION filed by Ricardo Ernesto Sanchez Mena, #45 MOTION to Expedite MOTION HEARING OF PETITIONER'S SHORT FORM DISCOVERY MOTION RE RESPONDENT'S INADEQUATE RESPONSES TO PETITIONER'S REQUEST FOR INTERROGATORIES filed by Ricardo Ernesto Sanchez Mena, #57 MOTION for Short Form Discovery re: Compel Production of Documents and Impose Sanctions re: Respondent's Discovery (Requests for Admissions, Interrogatories and RFPs) filed by Silvana Esther Gomez Paz, #49 MOTION for Extension of Time Discovery Issues and Briefing Schedule and Memorandum in Support filed by Silvana Esther Gomez Paz. All parties appeared by Zoom.The court hears from counsel.The court DENIES without prejudice #45 MOTION to Expedite MOTION HEARING The court DENIES without prejudice #46 MOTION to Expedite HEARINGThe court DENIES as moot #49 MOTION for Extension of Time Discovery Issues and Briefing Schedule The court DENIES without prejudice #57 MOTION for Short Form Discovery re: Compel Production of Documents and Impose Sanctions.Written Order to Follow. Attorney for Plaintiff: Alexandra Jones and Anjali Kulkarni, Attorney for Defendant: Carolina Duvanced and Martin Stolz. Court Reporter: electronic Zoom 7.100.(ksm)
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Filing 58
RESPONSE to Motion re #57 MOTION for Short Form Discovery re: Compel Production of Documents and Impose Sanctions re: Respondent's Discovery (Requests for Admissions, Interrogatories and RFPs) (Petitioner's Request to Set Formal Hearing on Respondent's Combined Discovery Motion) filed by Petitioner Ricardo Ernesto Sanchez Mena. (Kulkarni, Anjali)
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Filing 57
MOTION for Short Form Discovery re: Compel Production of Documents and Impose Sanctions re: Respondent's Discovery (Requests for Admissions, Interrogatories and RFPs) filed by Respondent Silvana Esther Gomez Paz. (Attachments: #1 Exhibit ECF 34 re P4 - Discovery Deadline of 3-April-2020, #2 Exhibit Petitioner Late Discovery Served 29-April-2020, #3 Exhibit Petitioner Late Discovery Responses of 4-May-2020, #4 Exhibit ECF 39 - P2 - Discovery deadlines, #5 Exhibit Petitioner's Peruvian Court Record Newly-Produced June-2020, #6 Exhibit Email Exchange - Petitioner refusal to supplement discovery responses) Motions referred to Jared C. Bennett.(Stolz, Martin)
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Modification of Docket re #45 MOTION for Short Form Discovery re: inadequate responses to Req for Interrogs MOTION to Expedite, #46 MOTION for Short Form Discovery re: inadequate responses to Req for Production MOTION to Expedite. Error: Motions requesting 2 different reliefs was filed with only one relief selected as Motions to Expedite only. Correction: Second relief, "Short Form Discovery" has been added to the entry and docket entry text corrected. (alt)
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Filing 56
DOCKET TEXT ORDER re: NOTICE OF ZOOM HEARING ON MOTION (ECF No. 55). In advance of the hearing, counsel are directed to carefully review Smash Tech., LLC v. Smash Solutions, LLC, ___ F.R.D. ___, 2020 WL 3546254 (D. Utah June 30, 2020). Counsel should be prepared to discuss that case as it relates to the motions before the court. Signed by Magistrate Judge Jared C. Bennett on 07/22/2020. (docket text order; no attached document) (jcd)
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Filing 55
NOTICE OF ZOOM HEARING ON MOTION re: #45 MOTION to Expedite MOTION HEARING OF PETITIONER'S SHORT FORM DISCOVERY MOTION RE RESPONDENT'S INADEQUATE RESPONSES TO PETITIONER'S REQUEST FOR INTERROGATORIES, #46 MOTION to Expedite HEARING OF PETITIONERS SHORT FORM DISCOVERY MOTION RE RESPONDENTS INADEQUATE RESPONSES TO PETITIONERS REQUEST FOR PRODUCTION, #49 MOTION for Extension of Time Discovery Issues and Briefing Schedule and Memorandum in Support : (Notice generated by JCB chambers) Motion Hearing set for 7/23/2020 at 11:30 AM in Judges Chambers before Magistrate Judge Jared C. Bennett. The General Public is to notify Judge Bennett's chambers at 801-524-6620 24 hours in advance of hearing if they wish to attend/listen in on Zoom hearing. (ksm)
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Filing 54
RESPONSE to Motion re #49 MOTION for Extension of Time Discovery Issues and Briefing Schedule and Memorandum in Support filed by Petitioner Ricardo Ernesto Sanchez Mena. (Attachments: #1 Exhibit 1 TO OPPOSITION TO RESPONDENTS REQUEST FOR AN EXTENSION OF TIME AND BRIEFING SCHEDULE TO ADDRESS PETITIONERS ABUSE OF DISCOVERY, #2 Exhibit 2 TO OPPOSITION TO RESPONDENTS REQUEST FOR AN EXTENSION OF TIME AND BRIEFING SCHEDULE TO ADDRESS PETITIONERS ABUSE OF DISCOVERY, #3 Exhibit 3 TO OPPOSITION TO RESPONDENTS REQUEST FOR AN EXTENSION OF TIME AND BRIEFING SCHEDULE TO ADDRESS PETITIONERS ABUSE OF DISCOVERY)(Kulkarni, Anjali)
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Filing 53
NOTICE OF DEFICIENCIES re #51 Response to Motion, #52 Motion. The documents were filed as a Response to the Motion and a Motion. #52 Motion is a proposed order. Proposed Orders are to be filed only as attachments to properly filed motions requesting their entry. #51 Response to Motion is a mailing certificate for parties that received e-notice on the case and, if created at all, should be the final page of the main document. Filer should review the court's Administrative Procedure Manual section "I" on service, paragraph 4 re not creating such certificates. The clerk will edit the entry to mark it as erroneous. The clerk requests the filer of the original document to refile the pleading. The new pleading will receive a new document number on the docket. (lnp)
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Filing 52
ERROR: NOT A MOTION - MOTION for Discovery filed by Respondent Silvana Esther Gomez Paz. Motions referred to Jared C. Bennett. Attorney Anjali Kulkarni added to party Silvana Esther Gomez Paz(pty:res)(Kulkarni, Anjali) Modified on 7/13/2020: Document is not a motion. (lnp).
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Filing 51
ERROR: NOT A RESPONSE TO MOTION RESPONSE to Motion re #49 MOTION for Extension of Time Discovery Issues and Briefing Schedule and Memorandum in Support filed by Petitioner Ricardo Ernesto Sanchez Mena. (Kulkarni, Anjali) Modified on 7/13/2020; document is not a reponse (lnp).
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Filing 50
RESPONSE to Motion re #49 MOTION for Extension of Time Discovery Issues and Briefing Schedule and Memorandum in Support filed by Petitioner Ricardo Ernesto Sanchez Mena. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Kulkarni, Anjali)
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Filing 49
MOTION for Extension of Time Discovery Issues and Briefing Schedule and Memorandum in Support filed by Respondent Silvana Esther Gomez Paz. Motions referred to Jared C. Bennett.(Stolz, Martin)
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Filing 48
MEMORANDUM in Opposition re #46 MOTION to Expedite HEARING OF PETITIONERS SHORT FORM DISCOVERY MOTION RE RESPONDENTS INADEQUATE RESPONSES TO PETITIONERS REQUEST FOR PRODUCTION filed by Respondent Silvana Esther Gomez Paz. (Stolz, Martin)
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Filing 47
MEMORANDUM in Opposition re #45 MOTION to Expedite MOTION HEARING OF PETITIONER'S SHORT FORM DISCOVERY MOTION RE RESPONDENT'S INADEQUATE RESPONSES TO PETITIONER'S REQUEST FOR INTERROGATORIES filed by Respondent Silvana Esther Gomez Paz. (Attachments: #1 Exhibit Calls to Petitioner's Counsel 25-June-2020)(Stolz, Martin)
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Filing 46
MOTION for Short Form Discovery re: inadequate responses to Req for Production MOTION to Expedite filed by Petitioner Ricardo Ernesto Sanchez Mena. (Attachments: #1 Text of Proposed Order Proposed Order Granting Petitioners Motion To Compel Respondent To Further Respond To Petitioners Discovery Request For Production, #2 Affidavit Certification Of Anjali Kulkarni Re Attempts To Meet And Confer Re District Of Utah Local Civil Rule 37-1 Short Form Discovery Motion, #3 Exhibit A to Certification of Anjali Kulkarni, #4 Exhibit B to Certification of Anjali Kulkarni, #5 Exhibit C to Certification of Anjali Kulkarni, #6 Exhibit D to Certification of Anjali Kulkarni, #7 Exhibit E to Certification of Anjali Kulkarni, #8 Exhibit F to Certification of Anjali Kulkarni) Motions referred to Jared C. Bennett.(Kulkarni, Anjali). Added MOTION for Short Form Discovery and corrected entry text on 7/23/2020 (alt)
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Filing 45
MOTION for Short Form Discovery re: inadequate responses to Req for Interrogs MOTION to Expedite filed by Petitioner Ricardo Ernesto Sanchez Mena. (Attachments: #1 Text of Proposed Order Proposed Order Granting Petitioners Motion To Compel Respondent To Further Respond To Request For Interrogatories, #2 Affidavit Certification Of Anjali Kulkarni Re Attempts To Meet And Confer Re District Of Utah Local Civil Rule 37-1 Short Form Discovery Motion, #3 Exhibit EXHIBIT A to Certification of Anjali Kulkarni, #4 Exhibit EXHIBIT B to Certification of Anjali Kulkarni, #5 Exhibit EXHIBIT C to Certification of Anjali Kulkarni, #6 Exhibit EXHIBIT D to Certification of Anjali Kulkarni, #7 Exhibit EXHIBIT E to Certification of Anjali Kulkarni, #8 Exhibit EXHIBIT F to Certification of Anjali Kulkarni) Motions referred to Jared C. Bennett.(Kulkarni, Anjali). Added MOTION for Short Form Discovery and corrected entry text on 7/23/2020 (alt)
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Filing 44
NOTICE of of Declarations of Foreign Law by Ricardo Ernesto Sanchez Mena re #3 Amended Complaint,, (Attachments: #1 Exhibit A to Notice of Declarations of Foreign Law, #2 Exhibit B to Notice of Declarations of Foreign Law, #3 Exhibit C to Notice of Declarations of Foreign Law, #4 Exhibit D to Notice of Declarations of Foreign Law, #5 Exhibit E to Notice of Declarations of Foreign Law) (Kulkarni, Anjali)
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Filing 43
REASSIGNMENT to Newly Appointed Magistrate Judge. Case Reassigned to Magistrate Judge Jared C. Bennett. Magistrate Judge Paul M. Warner no longer assigned to the case. Case number will now read 2:20-cv-00036-CW-JCB. Please make changes to document captions accordingly. (lnp)
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Transcript deadlines terminated re #25 TRANSCRIPT of Motion for Temporary Restraining Order. (nl)
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Filing 42
NOTICE of Change of Address by Martin T. Stolz and Affiliation for Respondent's counsel (Stolz, Martin)
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Filing 41
SCHEDULING ORDER: Amended Pleadings due by 6/3/2020., Discovery due by 6/30/2020., Motions due by 7/15/2020., Status Conference set for 8/17/2020 at 03:00 PM in Rm 7.200 before Judge Clark Waddoups. Signed by Judge Clark Waddoups on 5/18/2020. (lnp)
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Filing 40
Motion No Longer Referred to Chief Magistrate Judge Paul M. Warner: #39 MOTION for Scheduling Order (Proposed). The motion will be handled by District Judge Clark Waddoups. (jcd)
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Filing 39
MOTION for Scheduling Order (Proposed) filed by Petitioner Ricardo Ernesto Sanchez Mena. Motions referred to Paul M. Warner.(Kulkarni, Anjali)
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Filing 38
Minute Entry for proceedings held before Judge Clark Waddoups: Status Conference held on 4/1/2020, counsel present via telephone conference. Discussion heard on the proposed scheduling order. Counsel to file a status report due by 5/15/2020. After review of the report(s), court will determine when the next status conference and evidentiary hearing will be scheduled. Court adjourned. Attorney for Plaintiff: Jones, B. Alexandra, Kulkarni, Anjali, Niespolo, George D., Attorney for Defendant: Duvanced, Carolina, Stolz, Martin T.. Court Reporter: Laura Robinson.(Time Start: 2:00, Time End: 2:16, Room Telephonic.)(asb)
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Filing 37
NOTICE OF HEARING: Telephone Conference set for 4/1/2020 at 02:00 PM before Judge Clark Waddoups for the purpose of discussing the parties proposed scheduling order. (ncw)
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Filing 36
**RESTRICTED DOCUMENT** TRANSCRIPT REDACTION of #25 Transcript (rks) Modified by removing restricted text on 5/28/2020 (nl).
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Filing 35
**RESTRICTED DOCUMENT** Transcript Redaction Request re #25 Transcript,,,,, by attorney Anjali Kulkarni. (Kulkarni, Anjali)
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Filing 34
NOTICE of Proposed Scheduling Order by Ricardo Ernesto Sanchez Mena re #30 Order to Propose Schedule,, (Kulkarni, Anjali)
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Filing 33
NOTICE TO COUNSEL re #31 Notice of Intent to Request Redaction. To file a Redaction Request, please use the Redaction Request - Transcript event (found under Other Documents), which will restrict the document. Be sure to send a copy to the court reporter.If the redaction is other than personal information, you must file a Motion to Redact Transcript.Additional transcript redaction information can be found on the courts website at #http://www.utd.uscourts.gov/sites/utd/files/tran_redaction_information.pdf (rks)
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Filing 32
NOTICE of Appearance by Carolina Duvanced on behalf of Silvana Esther Gomez Paz (Duvanced, Carolina)
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Filing 31
NOTICE of Intent to Request Redaction by Anjali Kulkarni re #25 Transcript,,,,,. (Kulkarni, Anjali)
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Filing 30
ORDER TO PROPOSE SCHEDULE - The court instructs the parties to meet and confer and submit a proposed schedule on or before March 13, 2020. In submitting a proposed schedule, the parties should consider the scheduling matters listed in the orderPlaintiff must propose a schedule to defendant in the form of a draft Attorney Planning Meeting Report within the earlier of fourteen(14) days after any defendant has appeared or twenty-eight (28) days after any defendant has been served with the complaint. See order for additional instructions. Signed by Judge Clark Waddoups on 3/5/20. (jrj) Modified on 3/5/2020-to fix text (jrj).
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Filing 29
VERIFIED ANSWER to #3 Amended Complaint,, filed by Silvana Esther Gomez Paz. (Attachments: #1 Exhibit EXH. NO. 1 ORDER 241-2018 dated 5-SEPT-2019)(Stolz, Martin)
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Filing 28
NOTICE OF DEFICIENCY re #27 Answer to Amended Complaint. The document Document has missing or blank pages. The clerk requests the filer of the original document to refile the pleading. The new pleading will receive a new document number on the docket. (jrj)
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Filing 27
ENTRY ERRORVERIFIED ANSWER to #3 Amended Complaint,, filed by Silvana Esther Gomez Paz. (Attachments: #1 Exhibit 5-SEPT-2019 ORDER No. 241-2018) Attorney Martin T. Stolz added to party Silvana Esther Gomez Paz(pty:res)(Stolz, Martin) Modified on 3/4/2020-to add entry error and strikeout text (jrj).
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Filing 25
**RESTRICTED DOCUMENT**n - Transcript will not be released - see #31 Notice of Intent to Redact NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion for Temporary Restraining Order held on 01/29/2020 before Judge Clark Waddoups. Court Reporter/Transcriber Laura Robinson, RPR, FCRR, CSR, CP, Telephone number (801)328-4800. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/20/2020. Redacted Transcript Deadline set for 3/30/2020. Release of Transcript Restriction set for 5/28/2020. (jwt) Modified by adding non-release information on 3/9/2020 (rks).
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Filing 24
CERTIFICATE OF SERVICE by Ricardo Ernesto Sanchez Mena re #19 Notice (Other), (Kulkarni, Anjali)
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Filing 23
CERTIFICATE OF SERVICE by Ricardo Ernesto Sanchez Mena re 20 Motion Hearing,,,, of Petition Papers and Supporting Pleadings to Respondent Silvana Esther Gomez Paz (to mailing address provided by Respondent) (Kulkarni, Anjali)
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Filing 22
CERTIFICATE OF SERVICE by Ricardo Ernesto Sanchez Mena re 20 Motion Hearing,,,, regarding Petition Documents and Supporting Pleadings to Respondent Silvana Esther Gomez Paz (Kulkarni, Anjali)
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Filing 21
ORDER denying #9 Motion for TRO. For the foregoing reasons, Petitioner's Motion for a Temporary Restraining Order is DENIED. Signed by Judge Clark Waddoups on 01/29/2020. (kpf)
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Filing 20
Minute Entry for proceedings held before Judge Clark Waddoups: Motion Hearing held on 1/29/2020 re #9 MOTION for Temporary Restraining Order and Memorandum in Support (Petitioner's Notice of Motion, Motion and Brief in Support of Motion Under the Hague Convention for a Temporary Restraining Order and Scheduling of an Expedited Hearing) filed by Ricardo Ernesto Sanchez Mena. Petitioner's counsel represented the status of service and investigation into the child's whereabouts for purposes of determining jurisdiction. Respondent then appeared. The court determined that respondent and the child reside in Utah and ordered respondent to provide a mailing address for service of the petition. Respondent further stipulated on the record that neither she nor the minor child will leave Utah during the pendency of this petition. Based on these representations, the court DENIED the motion for a temporary restraining order. Upon service, respondent will have the time allowed by the rules to respond to the petition. Court was adjourned. Attorney for Plaintiff: Anjali Kulkarni, Attorney for Defendant: Silvana Esther Gomez Paz, pro se. Court Reporter: Laura Robinson.(tcs)
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Filing 19
NOTICE of Good Faith Efforts to Serve Respondent with Summons and Related Documents by Ricardo Ernesto Sanchez Mena re #11 Order,,, Set Deadlines/Hearings,, (Attachments: #1 Affidavit Declaration of Anjali Kulkarni Providing Notice of Good Faith Efforts to Serve Respondent with Summons and Related Pleadings (w/Exhibits A-D)) (Kulkarni, Anjali)
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Filing 18
THIRD AMENDED NOTICE OF HEARING ON MOTION re: #9 MOTION for Temporary Restraining Order and Memorandum in Support. Motion Hearing set for 1/29/2020 at 10:00 AM in Rm 8.100 before Judge Clark Waddoups. ***NOTE: CHANGE IN COURTROOM*** (tcs)
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Filing 17
ORDER REFERRING CASE to Magistrate Judge Paul M. Warner under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Clark Waddoups on 1/23/20. (ncw)
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Deadlines/Hearings terminated. Hearing set in wrong courtroom terminated. (tcs)
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Filing 16
ORDER granting #6 Motion for Admission Pro Hac Vice of Barbara Alexandra Jones for Ricardo Ernesto Sanchez Mena. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Clark Waddoups on 1/22/20. (jmr)
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Filing 15
ORDER granting #5 Motion for Admission Pro Hac Vice of Anjali Kulkarni for Ricardo Ernesto Sanchez Mena. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Clark Waddoups on 1/22/20. (jmr)
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Filing 14
ORDER granting #4 Motion for Admission Pro Hac Vice of George D. Niespolo for Ricardo Ernesto Sanchez Mena. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Clark Waddoups on 1/22/20. (jmr)
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Filing 13
SECOND AMENDED NOTICE OF HEARING ON MOTION re: #9 MOTION for Temporary Restraining Order and Memorandum in Support. Motion Hearing set for 1/29/2020 at 10:00 AM in Rm 7.300 before Judge Clark Waddoups. ***NOTE: Change in Courtroom only*** (tcs)
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Filing 12
AMENDED NOTICE OF HEARING:Hearing previously set for 1/29/2020 at 10:00 AM in Rm 7.200 is HEREBY RESET for 1/29/2020 at 10:00 AM in Rm 8.100 before Judge Clark Waddoups. (Change in courtroom only). (ncw)
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Filing 11
ORDER SETTING HEARING ON MOTION AND ORDERING SERVICE - ( Hearing set for 1/29/2020 at 10:00 AM in Rm 7.200 before Judge Clark Waddoups.)Petitioner shall serve Respondent with copies of (1) the Amended Verified Petition, (2) the Motion for Temporary Restraining Order, and (3) this order on or before January 24, 2020. If service is not made, Petitioner shall submit a notice to the court explaining why service was not possible. Ms. Gomez-Paz or her counsel are ordered to attend the January 29, 2020 hearing. Signed by Judge Clark Waddoups on 1/21/20. (jmr)
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Filing 10
ORDER OF RECUSAL Judge Howard C. Nielson, Jr. recused. Case reassigned to Judge Clark Waddoups for all further proceedings. Signed by Judge Howard C. Nielson, Jr. on 1/21/2020. (las)
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Filing 9
MOTION for Temporary Restraining Order and Memorandum in Support (Petitioner's Notice of Motion, Motion and Brief in Support of Motion Under the Hague Convention for a Temporary Restraining Order and Scheduling of an Expedited Hearing) filed by Petitioner Ricardo Ernesto Sanchez Mena. (Attachments: #1 Text of Proposed Order)(Steward, Matthew)
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Filing 8
ORDER OF RECUSAL Judge Ted Stewart recused. Case reassigned to Judge Howard C. Nielson, Jr. for all further proceedings. Signed by Judge Ted Stewart on 1/21/2020. (las)
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Filing 7
**RESTRICTED DOCUMENT**Summons Issued Electronically as to Silvana Esther Gomez Paz. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (tlh)
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Filing 6
MOTION for Admission Pro Hac Vice of Barbara Alexandra Jones , Registration fee $ 250, receipt number 1088-3466551, filed by Petitioner Ricardo Ernesto Sanchez Mena. (Attachments: #1 Exhibit A - Application for Admission Pro Hac Vice, #2 Exhibit B - ECF Registration Form, #3 Text of Proposed Order)(Steward, Matthew)
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Filing 5
MOTION for Admission Pro Hac Vice of Anjali Kulkarni , Registration fee $ 250, receipt number 1088-3466500, filed by Petitioner Ricardo Ernesto Sanchez Mena. (Attachments: #1 Exhibit A - Application for Admission Pro Hac Vice, #2 Exhibit B - ECF Registration Form, #3 Text of Proposed Order)(Steward, Matthew)
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Filing 4
MOTION for Admission Pro Hac Vice of George D. Nielspolo , Registration fee $ 250, receipt number 1088-3466435, filed by Petitioner Ricardo Ernesto Sanchez Mena. (Attachments: #1 Exhibit A - Application for Admission Pro Hac Vice, #2 Exhibit B - ECF Registration Form, #3 Text of Proposed Order)(Steward, Matthew)
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Filing 3
AMENDED COMPLAINT (Amended Verified Petition for Return Under the Hague Convention) against Silvana Esther Gomez Paz. filed by Ricardo Ernesto Sanchez Mena. (Attachments: #1 Exhibit A - Hague Convention, #2 Exhibit B - Birth Certificate, #3 Exhibit C - Divorce Agreement, #4 Exhibit D - Travel Authorization, #5 Exhibit E - Travel Revocation, #6 Exhibit F - Visitation Complaint Spanish, #7 Exhibit G - Hague Convention Request, #8 Exhibit H - Spanish Criminal Complaint, #9 Civil Cover Sheet Civil Cover Sheet) (Steward, Matthew)
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Filing 2
COMPLAINT against Silvana Esther Gomez Paz (Filing fee $ 400, receipt number 1088-3465372) filed by Ricardo Ernesto Sanchez Mena. (Attachments: #1 Exhibit A - Hague Convention, #2 Exhibit B - Birth Certificate, #3 Exhibit C - Divorce Agreement, #4 Exhibit D - Travel Authorization, #5 Exhibit E - Travel Revocation, #6 Exhibit F - Visitation Complaint Spanish, #7 Exhibit G - Hague Convention Request, #8 Exhibit H - Spanish Criminal Complaint, #9 Civil Cover Sheet Civil Cover Sheet) Assigned to Judge Ted Stewart (Steward, Matthew)
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Filing 1
Case has been indexed and assigned to Judge Ted Stewart. Petitioner Ricardo Ernesto Sanchez Mena is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 400.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (tlh)
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