Baez Baez v. Holston et al
| Zaritza Adilene Baez Baez |
| Marquis Shondel Holston and Sharon Rosa |
| 1:2021cv01255 |
| November 15, 2021 |
| US District Court for the Eastern District of Virginia |
| Rossie D Alston |
| Theresa Carroll Buchanan |
| Other Statutory Actions |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on December 20, 2021. A more recent docket listing may be available from PACER.
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Filing 27
ORDERED that pursuant to Federal Rule of Civil Procedure 41(a)(2), the action is DISMISSED WITH PREJUDICE. Signed by District Judge Rossie D. Alston, Jr on 12/20/2021. (dvanm)
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| Filing 26 NOTICE by Zaritza Adilene Baez Baez Notice of Return of Child to Mexico (Powers, Kelly) |
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Filing 25
ORDERED that, by agreement of the parties, the child, SEH, a boy born in 2020 (the child), shall be returned to Mexico forthwith on Sunday, December 19, 2021. It is FURTHER ORDERED that, by agreement of the parties, upon the return of the child to Mexico, the Mother shall file a notice in this Court confirming that the child has been returned to Mexico. Upon the filing of the Mothers notice, this matter shall be DISMISSED WITH PREJUDICE (see order for details). Signed by District Judge Rossie D. Alston, Jr on 12/14/2021. (dvanm, ) Modified to correct text on 12/15/2021 (dvanm, ).
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| Filing 24 NOTICE of Settlement and Request for Entry of Voluntary Return Order by Zaritza Adilene Baez Baez (Attachments: #1 Proposed Order Proposed Voluntary Return Order)(Powers, Kelly) |
| Filing 23 NOTICE of Appearance by Donna Dougherty on behalf of Sharon Rosa (Dougherty, Donna) |
| Filing 22 NOTICE by Zaritza Adilene Baez Baez Notice Filing Affidavit of Foreign Law (Attachments: #1 Affidavit of Lic. Blanca Estela Olivas Morales English, #2 Affidavit of Lic. Blanca Estela Olivas Morales Spanish, #3 Exhibit Translation Certificate, #4 Exhibit A Affiants Professional Identification and Title, #5 Exhibit B Marriage Certificate, #6 Exhibit C - Birth Certificate, #7 Exhibit D Relevant Articles of the Family Code of the State of Sonora, Mexico (English and Spanish))(Powers, Kelly) |
| Filing 21 MOTION for Extension of Time to File Answer re #20 Reply to Motion, #13 Supplemental MOTION to Expedite (Supplemental Request to Expedite Pursuant to Hague Convention Law), #19 Answer to Complaint, #2 MOTION to Expedite (Request to Expedite Proceedings Pursuant to Hague Convention Law With Incorporated Memorandum of Law), #14 MOTION for Provisional Remedies , #1 Complaint by Marquis Shondel Holston. (Dougherty, Donna) |
| Filing 20 Reply to Motion re #13 Supplemental MOTION to Expedite (Supplemental Request to Expedite Pursuant to Hague Convention Law), #2 MOTION to Expedite (Request to Expedite Proceedings Pursuant to Hague Convention Law With Incorporated Memorandum of Law), #14 MOTION for Provisional Remedies filed by Marquis Shondel Holston. (Dougherty, Donna) |
| Filing 19 ANSWER to Complaint by Marquis Shondel Holston. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Dougherty, Donna) |
| Filing 18 NOTICE of Appearance by Donna Dougherty on behalf of Marquis Shondel Holston (Dougherty, Donna) |
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Filing 17
SCHEDULING ORDER AND PROVISIONAL REMEDIES ORDER - An expedited half-day Evidentiary Hearing is set for 12/21/2021 at 09:00 AM in Alexandria Courtroom 601 before District Judge Rossie D. Alston Jr. The Petitioner and any witnesses located in Mexico shall be permitted to testify remotely by video transmission. The parties shall file their proposed Evidentiary Hearing Witness Lists and Exhibit Lists no later than two calendar days before the Evidentiary Hearing. On the same day, the parties shall file their Proposed Evidentiary Hearing Exhibits and shall electronically serve a copy of their respective Proposed Evidentiary Hearing Exhibits on the opposing party (through counsel). Both parties are prohibited from removing or causing the removal of the child, from the Eastern District of Virginia. All passports and any other travel documents for the child in either partys possession, custody, or control shall be held for safe-keeping by the Clerk of Court until further order of this Court. The Petitioner shall have daily video contact with the child on any appropriate free platform. The Respondents shall cooperate at all times to facilitate the Petitioners daily video calls with the child, and shall not interfere in any way with the daily video calls. Signed by District Judge Rossie D. Alston, Jr on 12/10/2021. (tarm)
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| ***Deadlines terminated; Motion hearing set for 12/15/2021 terminated (tarm, ) |
| Set Deadlines as to #14 MOTION for Provisional Remedies , #15 MOTION for Participation and Testimony by Video at Evidentiary Hearing , #13 Supplemental MOTION to Expedite (Supplemental Request to Expedite Pursuant to Hague Convention Law). Motion Hearing set for 12/15/2021 at 10:00 AM in Alexandria Courtroom 601 before District Judge Rossie D. Alston Jr. (clar, ) |
| Filing 16 Notice of Hearing Date set for 12/15/2021 re #15 MOTION for Participation and Testimony by Video at Evidentiary Hearing , #13 Supplemental MOTION to Expedite (Supplemental Request to Expedite Pursuant to Hague Convention Law), #2 MOTION to Expedite (Request to Expedite Proceedings Pursuant to Hague Convention Law With Incorporated Memorandum of Law), #14 MOTION for Provisional Remedies (Powers, Kelly) |
| Filing 15 MOTION for Participation and Testimony by Video at Evidentiary Hearing by Zaritza Adilene Baez Baez. (Attachments: #1 Proposed Order (Proposed Scheduling Order and Provisional Remedies Order))(Powers, Kelly) |
| Filing 14 MOTION for Provisional Remedies by Zaritza Adilene Baez Baez. (Attachments: #1 Proposed Order (Proposed Scheduling Order and Provisional Remedies Order))(Powers, Kelly) |
| Filing 13 Supplemental MOTION to Expedite (Supplemental Request to Expedite Pursuant to Hague Convention Law) by Zaritza Adilene Baez Baez. (Attachments: #1 Proposed Order (Proposed Scheduling and Provisional Remedies Order))(Powers, Kelly) |
| Filing 12 NOTICE by Zaritza Adilene Baez Baez Notice of Updated Address - Respondent Marquis Shondel Holston (Powers, Kelly) |
| Filing 11 NOTICE by Zaritza Adilene Baez Baez Notice of Updated Address - Respondent Sharon Rosa (Attachments: #1 Exhibit A - Process Server Report)(Powers, Kelly) |
| Filing 10 AFFIDAVIT of Service for Writ of Summons, Verified Petition for Return of Child to Mexico, All Accompanying Papers served on Sharon Rosa on 11/19/2021, filed by Zaritza Adilene Baez Baez. (Attachments: #1 Affidavit of Service - Respondent Rosa, #2 Exhibit A - Process Served, #3 Exhibit B - Form Proof of Service)(Powers, Kelly) |
| Filing 9 AFFIDAVIT of Service for Writ of Summons, Verified Petition for Return of Child to Mexico, All Accompanying Papers served on Marquis Shondel Holston on 11/19/2021, filed by Zaritza Adilene Baez Baez. (Attachments: #1 Affidavit of Service - Respondent Holston, #2 Exhibit A - Process Served, #3 Exhibit B - Form Proof of Service)(Powers, Kelly) |
| Filing 8 Summons Issued as to Marquis Shondel Holston, Sharon Rosa, NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (Attachments: #1 Notice)(dvanm, ) |
| Filing 7 Proposed Summons (Respondent, Marquis Shondel Holston, without alternative address) by Zaritza Adilene Baez Baez. (Powers, Kelly) |
| Filing 6 Proposed Summons (to Respondent, Sharon Rosa) by Zaritza Adilene Baez Baez. (Powers, Kelly) |
| Filing 5 Proposed Summons (to Respondent, Marquis Shondel Holston) by Zaritza Adilene Baez Baez. (Powers, Kelly) |
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Filing 4
ORDER granting #3 Motion for Pro hac vice Appointed Stephen John Cullen for Zaritza Adilene Baez Baez. Signed by District Judge Rossie D. Alston, Jr on 11/17/2021. (clar, )
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| Filing 3 Motion to appear Pro Hac Vice by Stephen John Cullen and Certification of Local Counsel Kelly Ann Powers Filing fee $ 75, receipt number AVAEDC-8100042. by Zaritza Adilene Baez Baez. (Attachments: #1 Exhibit A - Court Admission List)(Powers, Kelly) |
| Filing 2 MOTION to Expedite (Request to Expedite Proceedings Pursuant to Hague Convention Law With Incorporated Memorandum of Law) by Zaritza Adilene Baez Baez. (Attachments: #1 Proposed Order (Proposed Show Cause Order))(Powers, Kelly) |
| Filing 1 Complaint Verified Petition for Return of Child to Mexico ( Filing fee $ 402, receipt number BVAEDC-8100021.), filed by Zaritza Adilene Baez Baez. (Attachments: #1 Civil Cover Sheet)(Powers, Kelly) |
| Initial Case Assignment to District Judge Patricia Tolliver Giles and Magistrate Judge Theresa Carroll Buchanan. (dvanm, ) |
| Case Reassigned to District Judge Rossie D. Alston, Jr. District Judge Patricia Tolliver Giles no longer assigned to the case. (dvanm, ) |
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