Bogado v. Carvallo
| Daisy Bogado |
| Fernando Carvallo |
| 1:2018cv01521 |
| December 7, 2018 |
| US District Court for the Eastern District of Virginia |
| Leonie M Brinkema |
| Michael S Nachmanoff |
| Other Statutory Actions |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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Filing 26
ORDER:For the reasons stated in open court, it is hereby ORDERED that the appointment of Thomas K. Cullen, Esq. as guardian ad litem for the minor child M.C.B. [see Dkt. Nos. 10-13] be and is VACATED. Signed by District Judge Leonie M. Brinkema on 1/31/19. (yguy)
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| Filing 25 Sealed Attachment/Exhibit(s) re #23 Status Conference (yguy) |
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Filing 24
ORDER : For the reasons stated in open court, it is hereby ORDERED that petitioner Daisy Bogado ("Bogado") comply vrith all steps necessary tosecure the renewal of the minor child's U.S. passport. Once the child's passport has been renewed, it should be promptly turned over to the custody of this Court; and it is further ORDERED that Bogado work with her counsel to ensure that she be able to appear in person or via videoconference for all future hearings in this matter; and it is further ORDERED that the parties advise the Court of the status of this matter no later than Thursday, February 14, 2019. Signed by District Judge Leonie M. Brinkema on 1/31/19. (yguy)
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| Filing 23 Minute Entry for proceedings held before District Judge Leonie M. Brinkema:Status Conference held on 1/31/2019. Appearance of GAL Thomas Cullen, petitioner counsel, petitioner appeared by telephone with spanish interpreter Alejandra Zagal in the courtroom. Intp affirmed. Respondent appeared with counsel. Atty Cullen (GAL) advised the Court of the childs status & that today will be his last day as guardian ad litem. Copies of photo of child, birth certificate, psychological report are admitted and will be filed under seal. Parties advise Court of their objections and concerns Court orders petitioner to secure renewal of childs passport & turn over to the court.Parties have to try to work it out or work out some arrangements & provide the Court with a status report within 2 weeks. Court will leave things as status quo in the meantime. (Court Reporter A. Thomson.)(yguy) |
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Filing 22
ORDER granting #19 Motion to Seal. Signed by District Judge Leonie M. Brinkema on 01/30/2019. (dvanm, )
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| Filing 21 Amended ANSWER to Complaint by Fernando Carvallo. (Attachments: #1 Exhibit)(Caruso, Aaron) |
| Filing 20 Notice of Filing Sealing Motion LCvR5(C) by Fernando Carvallo re #18 Answer to Complaint, #19 MOTION to Seal (Caruso, Aaron) |
| Filing 19 MOTION to Seal by Fernando Carvallo. (Attachments: #1 Memorandum, #2 Reacted Answer, #3 Redacted Exhibit, #4 Proposed Order)(Caruso, Aaron) |
| Filing 18 Verified ANSWER to Complaint by Fernando Carvallo. (Attachments: #1 Exhibit Atty Opinion Ltr)(Caruso, Aaron) |
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Filing 17
ORDER: For the reasons stated in open court, and with the agreement of the parties, this matter is continued until January 31,2019 at 10:00 am for status.Pending further Order of this court, the temporary restraining order issued by this Court on December 11,2018 will remain in full force an effect until further Order of this court with the following exceptions;1, The Respondent has permission to retain his US Passport and that of the minor child;2. The Minor Child shall remain within the jurisdiction of this court except that she may travel with her father within 50 miles of the City of Alexandria, Virginia including the District of Colombia and the metropolitan areas of Maryland; 3, The minor child has permission of the Court to travel with the respondent (her father) to the State of Florida to spend time at the Orlando theme parks from December 30,2018 through January 4,2019. They will be traveling via personal a vehicle on the highways between Virginia and Florida;4. The mother shall have electronic video communication with the child as the parties agree with tire concurrence of the GAL. The first 2 communications will take place on December 22,2018 at 2pm, and December 29,2018 at 2 pm and will be supervised by the GAL.(see order for details)(c/s). Signed by District Judge Leonie M. Brinkema on 12/21/18. (yguy)
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| Set/Reset Hearings: Status Conference set for 1/31/2019 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (yguy) |
| Filing 16 Minute Entry for proceedings held before District Judge Leonie M. Brinkema:Docket Call held on 12/18/2018. Matter came on the docket for Preliminary Injunction Hearing. Appearances of counsels Rebecca Wade & Dipti Pidikiti-Smith for petitioner. Appearance of counsel Aaron Caruso for respondent. Atty Thomas Cullen appeared as guardian ad litem for the child. Court advised of case status. Atty Cullen advised the Court of the childs status. Court orders restraining order continued & Atty Cullen to prepare order with added condition regarding travel request & passports & next hearing date. (Court Reporter A. Thomson.)(yguy) |
| Filing 15 NOTICE by Daisy Bogado Proof of Service on Respondent (Wade, Rebecca) |
| Filing 14 NOTICE of Appearance by Aaron Robert Caruso on behalf of Fernando Carvallo (Caruso, Aaron) |
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Filing 13
Under Seal ORDER (c/s). Signed by District Judge Leonie M. Brinkema on 12/17/18. (yguy)
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Filing 12
Sealed ORDER. Signed by District Judge Leonie M. Brinkema on 12/13/2018. (dvanm, )
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Filing 11
ORDERED that Thomas K. Cullen, Esq. ("Mr. Cullen") be and is APPOINTED asguardian ad litem for M.C.B. Signed by District Judge Leonie M. Brinkema on 12/13/2018. (see Order for further details)(dvanm, )
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Filing 10
REDACTED ORDER: ORDERED that Thomas K. Cullen, Esq. ("Mr. Cullen") be and is APPOINTED as guardian ad litem for M.C.B.; and it is further ORDERED that Mr. Cullen shall have access to the following persons and documents without further Order of this Court: (a) the Child, (b) petitioner, (c) respondent, and (d) any department of social services or school personnel involved with the Child; and it is further ORDERED that upon presentation of this Order, Mr. Cullen shall have access to any records relating to the Child held by any federal, state, or local agency, department, or institution and any school, hospital, physician, or other health or mental health provider. Mr. Cullen shall be permitted to inspect and copy such records without the consent of the Child or her parents; and it is further ORDERED that upon the request of Mr. Cullen made at least 72 hours in advance, a mental health care provider shall make himself available to conduct a review and interpretation of the Child's treatment records that are specifically related to the investigation. Such a request may be made in lieu of or in addition to any inspection and copying of the records. (see order for details) Signed by District Judge Leonie M. Brinkema on 12/13/18. (yguy)
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| Filing 9 NOTICE of Appearance by Rebecca Wade on behalf of Daisy Bogado (Wade, Rebecca) |
| Filing 8 Summons Issued as to Fernando Carvallo. NOTICE TO ATTORNEY: Print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (Attachments: #1 Notice)(dvanm, ) |
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Filing 7
ORDER - Petitioner's request for relief in her Verified Complaint and Petition for Return of the Child is GRANTED IN PART and DENIED IN PART,4 and it is hereby ORDERED that respondent Fernando Carvallo be and is PROHIBITED from removing M.C.B., the minor who is the subject of this proceeding, from the jurisdiction of this Court pending a hearing on petitioner's motion for preliminary injunction, and no person acting in concert or participating with respondent shall take any action to remove M.C.B. from the jurisdiction of this Court pending a determination on the merits of the Verified Complaint; and it is further ORDERED that a hearing on the motion for preliminary injunction be and is SET for Tuesday, December 18, 2018, at 10:00 AM in Courtroom 700; and it is further ORDERED that petitioner's counsel file proof of service of the complaint and this Order before December 18, 2018. Signed by District Judge Leonie M. Brinkema on 12/11/2018. (see Order for further details)(dvanm, )
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| Filing 6 Proposed Summons by Daisy Bogado. (Pidikiti-Smith, Dipti) (Main Document 6 replaced on 12/12/2018) (dvanm, ). |
| Notice of Correction re #2 Proposed Summons. The filing user has been notified that proposed summons is an incorrectly saved PDF fillable form and has been removed. The filing user was directed to refile the document. (dvanm, ) |
| Alexandria Set Hearings: Preliminary Injunction Hearing set for 12/18/2018 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (dvanm, ) |
| Filing 5 NOTICE by Daisy Bogado re Notice of Correction Cover Sheet with attachment (Attachments: #1 Cover sheet, #2 Attachment)(Pidikiti-Smith, Dipti) |
| Filing 4 NOTICE by Daisy Bogado re #1 Complaint, Cover Sheet with attachment (Pidikiti-Smith, Dipti) |
| Filing 3 NOTICE by Daisy Bogado re #1 Complaint, Cover Sheet with attachment (Attachments: #1 Attachment - Plaintiff's attorneys)(Pidikiti-Smith, Dipti) |
| Filing 2 Proposed Summons re #1 Complaint, And Petition for Return of the Child by Daisy Bogado. (Pidikiti-Smith, Dipti) (Main Document 2 replaced on 12/11/2018) (dvanm, ). |
| Filing 1 Complaint And Petition for Return of the Child ( Filing fee $ 400, receipt number 0422-6397135.), filed by Daisy Bogado. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet and Attachment, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B - H, #4 Exhibit Exhibit I, #5 Exhibit Exhibit J - N)(Pidikiti-Smith, Dipti) |
| Notice of Correction- Filer has been notified and asked to file the Civil Cover Sheet for this case. (aott) |
| Initial Case Assignment to District Judge Leonie M. Brinkema and Magistrate Judge Michael S. Nachmanoff. (aott) |
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| Petitioner: Daisy Bogado | |
| Represented By: | Dipti Pidikiti-Smith |
| Represented By: | Rebecca Wade |
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| Respondent: Fernando Carvallo | |
| Represented By: | Aaron Robert Caruso |
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