Sharp v. Sharp
| Michael Cutler Sharp |
| Melinda Sharp |
| 2:2021cv00579 |
| October 1, 2021 |
| US District Court for the District of Utah |
| Robert J Shelby |
| Other Statutory Actions |
| 42 U.S.C. § 11601 |
| None |
Docket Report
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This docket was last retrieved on November 15, 2021. A more recent docket listing may be available from PACER.
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| Filing 37 JUDGMENT IN A CIVIL CASE: Judgment is entered in favor of Respondent, Melinda Sharp, based on the court's lack of subject matter jurisdiction. Case Closed. Signed by Judge Robert J. Shelby on 11/15/21. (dla) |
| Filing 36 Minute Order. ZOOM Proceedings held before Judge Robert J. Shelby: Motion Hearing held on 11/15/2021, re: docket entry #19 MOTION to Dismiss for Lack of Jurisdiction filed by Melinda Sharp AND #9 Amended MOTION for Temporary Restraining Order of Equitable Relief filed by Michael Cutler Sharp. The parties appear via ZOOM. For the reasons stated on the record the court GRANTS docket entry #19 MOTION to Dismiss for Lack of Jurisdiction filed by Melinda Sharp and terminates docket entry #9 Amended MOTION for Temporary Restraining Order of Equitable Relief filed by Michael Cutler Sharp. The Clerk of Court is ordered to close the case. Written Order to follow oral order: No. Attorney for Plaintiff: James Hunnicutt; Attorney for Defendant Theodore Weckel. Court Reporter: Ed Young.(mjm) |
Filing 35
ORDER granting #34 Petitioner's Motion to File Surreply. Signed by Judge Robert J. Shelby on 11/12/21. (dla)
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| Filing 34 Plaintiff's MOTION for Hearing re 22 Notice of Hearing on Motion, and Memorandum in Support of Plaintiff's Motion to file sur-reply filed by Petitioner Michael Cutler Sharp. (Attachments: #1 Exhibit Sur-Reply, #2 Text of Proposed Order Order granting sur-reply)(Weckel, Theodore) |
| Filing 33 Brief Opposing Plaintiff's Motion to File Sur-Reply BRIEF filed by Respondent Melinda Sharp. (Hunnicutt, James) |
| Filing 32 ERRATA filed by Petitioner Michael Cutler Sharp Redacted Motion for Temporary Restraining Order. (Weckel, Theodore) |
| Filing 31 ERRATA to #9 Amended MOTION for Temporary Restraining Order and Memorandum in Support of Equitable Relief filed by Petitioner Michael Cutler Sharp Redacted Amended Motion for Temporary Restraining Order. (Weckel, Theodore) |
| Filing 30 ERRATA to #14 Amended Complaint filed by Petitioner Michael Cutler Sharp Redacted Second Amended Complaint. (Weckel, Theodore) |
| Filing 29 ERRATA to #4 Amended Complaint filed by Petitioner Michael Cutler Sharp Redacted Amended Complaint. (Weckel, Theodore) |
| Filing 28 ERRATA to #2 Complaint, filed by Petitioner Michael Cutler Sharp Redacted Complaint. (Weckel, Theodore) |
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Filing 27
ORDER granting #24 Petitioner's Motion to Seal Documents. Signed by Judge Robert J. Shelby on 11/12/21. (dla)
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| Filing 26 REPLY to Response to Motion re #19 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by Respondent Melinda Sharp. (Attachments: #1 Exhibit Exhibit 1 - Anderson v Seliger, #2 Exhibit Exhibit 2 - Zamora v Hopkins, #3 Exhibit Exhibit 3 - Watson v Watson, #4 Exhibit Exhibit 4 - Brainard v Vaughan, #5 Exhibit Exhibit 5 - Rehder v Rehder, #6 Exhibit Exhibit 6 - email offering visitation)(Hunnicutt, James) |
| Filing 25 Redacted RESPONSE to Motion re #19 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by Petitioner Michael Cutler Sharp. (Attachments: #1 Affidavit Redacted Declaration by Plaintiff's Swiss Attorney, #2 Exhibit Redacted text exchange between Linda Olson and Plaintiff)(Weckel, Theodore) |
| Filing 24 Plaintiff's MOTION to Seal and Memorandum in Support re #23 Response to Motion, filed by Petitioner Michael Cutler Sharp. (Attachments: #1 Text of Proposed Order)(Weckel, Theodore) |
| Filing 23 Plaintiff's RESPONSE to Motion re #19 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by Petitioner Michael Cutler Sharp. (Attachments: #1 SEALED Affidavit by Plaintiff's Attorney, #2 SEALED Exhibit Text Exchange with Defendant's Mother)(Weckel, Theodore) Modified by sealing Exhibits 1 and 2 per #27 Order on 11/12/2021 (dla). |
| Filing 22 NOTICE OF ZOOM HEARING ON MOTION re: #9 Amended MOTION for Temporary Restraining Order and Memorandum in Support of Equitable Relief AND #19 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support : (Notice generated by Mary Jane McNamee) ZOOM Motion Hearing set for 11/15/2021 at 01:30 PM before Judge Robert J. Shelby. ZOOM instructions will be emailed to counsel. (mjm) |
| Filing 21 Minute Entry for ZOOM proceedings held before Judge Robert J. Shelby: ZOOM Motion Hearing held on 11/2/2021, re #9 Amended MOTION for Temporary Restraining Order and Memorandum in Support of Equitable Relief filed by Michael Cutler Sharp. The court heard from counsel and orders the following: Counsel will meet and confer, after speaking with clients re: jurisdiction and attorney's fees. Counsel will resolve how to confirm the children's whereabouts and inform the court. Petitioner's brief is due no later than 11/9/2021. Respondent's reply is due no later than 11/11/2021. The court sets a ZOOM Motion Hearing for 11/15/2021 at 01:30 PM, which will address both docket entries #9 Amended MOTION for Temporary Restraining Order and Memorandum in Support of Equitable Relief AND #19 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support . Attorney for Plaintiff: Theodore Weckel, Attorney for Defendant: James Hunnicutt. Court Reporter: Ed Young.(mjm) |
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Filing 20
ORDER granting #18 Respondent's Motion to Seal Documents: The following documents containing the birthdates of the parties Children shall be sealed:Dkt. #2 , Complaint; Dkt. #4 , Amended Complaint; Dkt. #6 -2, Amended Complaint; Dkt. #8 , Ex Parte Motion for Temporary Restraining Order; Dkt. #9 , Amended Motion for Temporary Restraining Order; Dkt. #10 -1, Second Amended Complaint;Dkt. #10 -2, Red-lined Amended Complaint; Dkt. #14 , Second Amended Complaint.Petitioner shall re-file redacted copies of the following documents, removing the day and month of the Childrens birthdates, by November 5, 2021: Dkt. #2 , Complaint paragraphs 1, 9, 16; Dkt. #4 , Amended Complaint paragraphs 1, 916; Dkt. #8 , Ex Parte Motion for Temporary Restraining Order paragraphs 5, 6, 12; Dkt. #9 , Amended Motion for Temporary Restraining Order paragraphs 5, 6, 12; Dkt. #14 , Second Amended Complaint paragraphs 1, 7, 8, 14. Signed by Judge Robert J. Shelby on 11/1/21. (dla)
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| Filing 19 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by Respondent Melinda Sharp. (Attachments: #1 Exhibit A - Facebook post, #2 Exhibit B - Zoom log)(Hunnicutt, James) |
| Filing 18 MOTION to Seal Document and Memorandum in Support filed by Respondent Melinda Sharp. (Hunnicutt, James) |
| Filing 17 NOTICE of Appearance by James M. Hunnicutt on behalf of Melinda Sharp (Hunnicutt, James) |
| Filing 16 CERTIFICATE OF SERVICE by Michael Cutler Sharp Second Amended Complaint, Order for TRO, amended motion for TRO, summons (Weckel, Theodore) |
| Filing 15 **RESTRICTED DOCUMENT**Summons Reissued Electronically as to Melinda Sharp. 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. (mh) |
| Filing 14 *SEALED* AMENDED COMPLAINT Second against Melinda Sharp. filed by Michael Cutler Sharp. (Weckel, Theodore) Modified by sealing document per #20 Order on 11/1/2021 (dla). |
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Filing 13
ORDER Scheduling Hearing on #10 Petitioner's Amended Motion for Temporary Restraining Order: The court HEREBY ORDERS a hearing on the Motion be scheduled for 11/2/2021 at 01:30 PM, via Zoom before Judge Robert J. Shelby. Signed by Judge Robert J. Shelby on 10/22/21. (dla)
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Filing 12
ORDER granting #10 Motion to file Second Amended Complaint. Petitioner shall file the Second Amended Complaint no later than October 25, 2021. Signed by Judge Robert J. Shelby on 10/21/21. (alf)
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Filing 11
DOCKET TEXT ORDER: In light of the filing of docket entry #9 Amended MOTION for Temporary Restraining Order and Memorandum in Support of Equitable Relief filed by Petitioner Michael Cutler Sharp, the Court rules finding as moot; #8 Motion for TRO. Any response to the Motion for Temporary Restraining Order should now be made in reference to docket entry #9 . Signed by Judge Robert J. Shelby on 10/21/2021. No attached document. (rlr)
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| Filing 10 Plaintiff's MOTION to Amend/Correct #4 Amended Complaint and Memorandum in Support filed by Petitioner Michael Cutler Sharp. (Attachments: #1 SEALED Exhibit Second Amended Complaint, #2 SEALED Exhibit Red Lined Amended Complaint)(Weckel, Theodore) Modified by sealing exhibits #10 -1, #10 -2 per #20 Order on 11/1/2021 (dla). |
| Filing 9 *SEALED* Amended MOTION for Temporary Restraining Order and Memorandum in Support of Equitable Relief filed by Petitioner Michael Cutler Sharp. (Weckel, Theodore) Modified by sealing document per #20 Order on 11/1/2021 (dla). |
| Filing 8 *SEALED* Ex Parte (Not Sealed) MOTION for Temporary Restraining Order and Memorandum in Support filed by Petitioner Michael Cutler Sharp. (Weckel, Theodore) Modified by sealing document per #20 Order on 11/1/2021 (dla). |
| Filing 7 Minute Entry for proceedings held before Judge Robert J. Shelby: Status Conference held on 10/8/2021. Plaintiff and his counsel appear by Zoom video conference. The status of the case and status of service are discussed. The Court will await an answer from the respondent or a Rule 65 motion from the plaintiff.Attorney for Plaintiff Theodore Weckel. Court Reporter: Patti Walker.(rlr) |
| Filing 6 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Michael Cutler Sharp as to Melinda Sharp served on 10/5/2021, answer due 10/26/2021. (Attachments: #1 Exhibit summons, #2 SEALED Exhibit amended complaint)(Weckel, Theodore) Modified by sealing document exhibit (2) per #20 Order on 11/1/2021 (dla). |
| Filing 5 NOTICE OF HEARING: Status Conference set for 10/8/2021 at 11:00 AM by Zoom video conference before Judge Robert J. Shelby. A ZOOM LINK WILL BE EMAILED TO COUNSEL. (rlr) |
| Filing 4 *SEALED* AMENDED COMPLAINT against Melinda Sharp. filed by Michael Cutler Sharp. (Weckel, Theodore) Modified by sealing document per #20 Order on 11/1/2021 (dla). |
| Filing 3 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Melinda Sharp. 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. (nmt) |
| Filing 2 COMPLAINT for the Return of Abducted Children against Melinda Sharp (Filing fee $ 402, receipt number AUTDC-4128109) filed by Michael Cutler Sharp. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet) Assigned to Judge Robert J. Shelby (Weckel, Theodore) |
| Filing 1 Case has been indexed and assigned to Judge Robert J. Shelby. Petitioner Michael Cutler Sharp is directed to E-File the Petition for Return of Abducted Children and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 402.00 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. (nmt) |
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| Petitioner: Michael Cutler Sharp | |
| Represented By: | Theodore R. Weckel |
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| Respondent: Melinda Sharp | |
| Represented By: | James M. Hunnicutt |
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