Aluker v. Yan
Petitioner: Serge Matthew Aluker
Respondent: Simin Yan and Simin Aluker
Case Number: 1:2020cv01117
Filed: September 24, 2020
Court: US District Court for the Eastern District of Virginia
Presiding Judge: Ivan D Davis
Referring Judge: Liam O'Grady
Nature of Suit: Other Statutory Actions
Cause of Action: 42:11601
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 18, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 18, 2020 Set Hearings: Evidentiary Hearing set for 2/1/2021 at 10:00 AM in Alexandria Courtroom 1000 before District Judge Liam O'Grady. Pretrial Conference set for 1/26/2021 at 10:00 AM in Alexandria Courtroom 1000 before District Judge Liam O'Grady. Status Conference set for 1/26/2021 at 10:00 AM in Alexandria Courtroom 1000 before District Judge Liam O'Grady. (jlan)
November 18, 2020 Opinion or Order Filing 23 SCHEDULING ORDER (See order for details). Signed by District Judge Liam O'Grady on 11/18/2020. (jlan)
November 6, 2020 Filing 22 Minute Entry for proceedings held before District Judge Liam O'Grady:Motion Hearing held (via TELECONFERENCE) on 11/6/2020 re #8 MOTION to Expedite Proceedings in Accordance With International Treaty Requirements and Enter Initial Order. Appearances of counsel. Parties advised the Court they have worked out a discovery schedule. Trial estimate 3-4 days. Status Conference before Trial(via TELECONFERENCE) set for 1/26/2021 at 10:00 AM before District Judge Liam O'Grady unless an in person hearing is requested. Bench Trial set for 2/1/2021 at 10:00 AM in Alexandria Courtroom 1000 before District Judge Liam O'Grady. (Court Reporter s. Wallace.)(yguy)
November 6, 2020 Filing 21 NOTICE by Serge Matthew Aluker (Agreed-Upon Joint Proposed Scheduling Order) (Powers, Kelly)
November 4, 2020 Filing 20 REPLY to Response to Motion re #8 MOTION to Expedite Proceedings in Accordance With International Treaty Requirements and Enter Initial Order filed by Serge Matthew Aluker. (Attachments: #1 Proposed Order (Proposed Scheduling Order))(Powers, Kelly)
October 28, 2020 Filing 19 Reply to Motion re #8 MOTION to Expedite Proceedings in Accordance With International Treaty Requirements and Enter Initial Order filed by Simin Yan. (Crouch, John)
October 28, 2020 Filing 18 ANSWER to Complaint (to Hague Convention Return Petition) by Simin Yan. (Attachments: #1 Exhibit Exhibit A - PSA, #2 Exhibit Exhibit B - emails, #3 Exhibit Exhibit C - emails, #4 Exhibit Exhibit D - message)(Crouch, John)
October 20, 2020 Filing 17 NOTICE of Appearance by John Howard Crouch on behalf of Simin Yan (Crouch, John)
October 20, 2020 Opinion or Order Filing 16 ORDER that the Court finds that Ms. Yan needs more time to obtain and confer with counsel during the initial stages of these proceedings. For good cause, Ms. Yan's request for an extension to file an answer to Mr. Aluker's complaint (Dkt. 15) is GRANTED . Ms. Yan may file a responsive pleading on or before October 28, 2020. This deadline coincides with Ms. Yan's deadline to file a response to Mr. Aluker's Motion to Expedite Proceedings in Accordance with International Treaty Requirements and Enter Initial Order with Incorporated Memorandum of Law. See Dkt. 14 (see Order for details). Signed by District Judge Liam O'Grady on 10/20/20. (Copy emailed to pltf per LO chambers)(pmil, )
October 19, 2020 Filing 15 Letter to the Court/Judge from Simin Yan. (pmil, )
October 14, 2020 Set/Reset Deadlines as to #8 MOTION to Expedite Proceedings in Accordance With International Treaty Requirements and Enter Initial Order. Motion Hearing set for 11/6/2020 at 10:00 AM in Alexandria Telephonically before District Judge Liam O'Grady. (rban, )
October 14, 2020 Set/Reset Deadlines as to #8 MOTION to Expedite Proceedings in Accordance With International Treaty Requirements and Enter Initial Order. Motion Hearing set for 11/4/2020 at 10:00 AM in Alexandria Telephonically before District Judge Liam O'Grady. (rban, )
October 14, 2020 Opinion or Order Filing 14 ORDER, the court grants Yan a 14 day extension from the date of this Order. In the interest of justice, the Court will also reschedule the hearing date for Aluker's Motion from 10/23/2020 to 11/6/2020. Accordingly, Aluker may file a response any time on or before 11/4/2020. There will also be no more extensions in this matter. See order for more details. Signed by District Judge Liam O'Grady on 10/14/2020. (rban, )
October 9, 2020 Filing 11 LETTER/RESPONSE to #10 Order, #8 MOTION to Expedite Proceedings in Accordance With International Treaty Requirements and Enter Initial Order filed by Simin Yan. (pmil, )
October 8, 2020 Reset Deadlines as to #4 Motion to appear Pro Hac Vice by Stephen J. Cullen and Certification of Local Counsel Kelly A. Powers Filing fee $ 75, receipt number 0422-7420072. , #5 Motion to appear Pro Hac Vice by Leah M. Hauser and Certification of Local Counsel Kelly A. Powers Filing fee $ 75, receipt number 0422-7420140. , #8 MOTION to Expedite Proceedings in Accordance With International Treaty Requirements and Enter Initial Order. Motion Hearing set for 10/23/2020 at 10:00 AM in Alexandria Courtroom 1000 before District Judge Liam O'Grady. (per LO chambers - CC) (clar, )
October 8, 2020 Set Deadlines as to #4 Motion to appear Pro Hac Vice by Stephen J. Cullen and Certification of Local Counsel Kelly A. Powers Filing fee $ 75, receipt number 0422-7420072. , #5 Motion to appear Pro Hac Vice by Leah M. Hauser and Certification of Local Counsel Kelly A. Powers Filing fee $ 75, receipt number 0422-7420140. , #8 MOTION to Expedite Proceedings in Accordance With International Treaty Requirements and Enter Initial Order. Motion Hearing set for 10/16/2020 at 10:00 AM in Alexandria Courtroom 1000 before District Judge Liam O'Grady. (Deadlines terminated - Please see Order dated 10/6/2020 document #10 - Attorney has been notified) (clar, )
October 7, 2020 Filing 9 Notice of Hearing Date (October 16, 2020) re #5 Motion to appear Pro Hac Vice by Leah M. Hauser and Certification of Local Counsel Kelly A. Powers Filing fee $ 75, receipt number 0422-7420140. , #8 MOTION to Expedite Proceedings in Accordance With International Treaty Requirements and Enter Initial Order, #4 Motion to appear Pro Hac Vice by Stephen J. Cullen and Certification of Local Counsel Kelly A. Powers Filing fee $ 75, receipt number 0422-7420072. (Powers, Kelly)
October 6, 2020 Opinion or Order Filing 10 ORDER that the Respondent file a response to the Motion within five (5) daysof the date of this Order re: #8 MOTION to Expedite Proceedings in Accordance With International Treaty Requirements and Enter Initial Order filed by Serge Matthew Aluker. Signed by District Judge Liam O'Grady on 10/06/20. (pmil, )
October 6, 2020 Filing 8 MOTION to Expedite Proceedings in Accordance With International Treaty Requirements and Enter Initial Order by Serge Matthew Aluker. (Powers, Kelly)
September 30, 2020 Filing 7 AFFIDAVIT of Service for Summons, Petition for Return of Children to Portugal, All Other Papers served on Respondent Simin Yan a/k/a Simin Aluker on 9/29/2020, filed by Serge Matthew Aluker. (Attachments: #1 Exhibit A - Process Served)(Powers, Kelly)
September 29, 2020 Opinion or Order Filing 13 ORDER granting #5 Motion for Pro hac vice. Signed by District Judge Liam O'Grady on 9/29/2020. (rban, )
September 29, 2020 Opinion or Order Filing 12 ORDER granting #4 Motion for Pro hac vice. Signed by District Judge Liam O'Grady on 9/29/2020.. (rban, )
September 28, 2020 Filing 6 Summons Issued as to Simin Yan. NOTICE TO ATTORNEY: Print out two electronically issued summons and one copy of the attachment for each defendant to be served with the complaint. (Attachments: #1 Notice)(pmil, )
September 28, 2020 Filing 5 Motion to appear Pro Hac Vice by Leah M. Hauser and Certification of Local Counsel Kelly A. Powers Filing fee $ 75, receipt number 0422-7420140. by Serge Matthew Aluker. (Attachments: #1 Exhibit A - Court Admission List)(Powers, Kelly)
September 28, 2020 Filing 4 Motion to appear Pro Hac Vice by Stephen J. Cullen and Certification of Local Counsel Kelly A. Powers Filing fee $ 75, receipt number 0422-7420072. by Serge Matthew Aluker. (Attachments: #1 Exhibit A - Court Admission List)(Powers, Kelly)
September 24, 2020 Filing 3 AFFIDAVIT of Portguese Law by Serge Matthew Aluker. (Attachments: #1 Exhibit A - Marriage Certificate, #2 Exhibit B - Children's Birth Certificates (Redacted), #3 Exhibit C - Separation and Property Settlement Agreement (Redacted), #4 Exhibit D - Portuguese Statutory Provisions - English, Portuguese, Certificate, #5 Exhibit E - National Report - Portugal - Commission on European Family Law, #6 Exhibit F - Portuguese Case Law, #7 Exhibit G - Hague Convention Questionairre for Portugal - English, French, Certificate, #8 Exhibit H - Virginia Cases, #9 Exhibit I - Virginia Statute)(Powers, Kelly)
September 24, 2020 Filing 2 Proposed Summons by Serge Matthew Aluker. (Powers, Kelly)
September 24, 2020 Initial Case Assignment to District Judge Liam O'Grady and Magistrate Judge Ivan D. Davis. (pmil, )
September 24, 2020 Filing 1 Complaint Verified Petition for Return of Children to Portugal ( Filing fee $ 400, receipt number 0422-7415016.), filed by Serge Matthew Aluker. (Attachments: #1 Civil Cover Sheet)(Powers, Kelly)

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Respondent: Simin Yan
Represented By: John Howard Crouch
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Respondent: Simin Aluker
Represented By: John Howard Crouch
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Petitioner: Serge Matthew Aluker
Represented By: Kelly Ann Powers
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