Davis v. Lake
| Emile Valentin Davis |
| Molissa Rene Lake |
| 6:2022cv00050 |
| September 2, 2022 |
| US District Court for the Western District of Virginia |
| Norman K Moon |
| Other Statutory Actions |
| 22 U.S.C. § 9001 et seq. (ICARA) International Child Abduction Remedies Act |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 7, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 60
ORAL ORDER: As the time for appeal has run and no appeal has been filed, the Court ORDERS that the minor children's passports may be returned to Respondent. Entered by Senior Judge Norman K. Moon on February 7, 2023. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(ca)
|
|
Filing 59
ORAL ORDER: As the petition has been denied, the Court rules that Respondent's Motion to Appoint Pro Bono Guardian Ad Litem, Dkt. 20, is now moot. Entered by Senior Judge Norman K. Moon on 12/22/2022. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(al)
|
|
Filing 58
ORDER: The Court denies Petitioner's petition for the return of the parties' two children to Anguilla. Dkt #1 ; finding as moot #50 Motion for Leave to Revise her Proposed Declarations of Foreign Law; finding as moot #53 Motion to Strike #52 Brief/Memorandum, #51 Declaration, #50 Declaration Respondent's Motion in Opposition to Petitioner's Motion to Strike . Signed by Senior Judge Norman K. Moon on 12/22/2022. (al) Modified on 12/22/2022 Docket text modified to correct clerical error (al).
|
|
Filing 57
MEMORANDUM OPINION. Signed by Senior Judge Norman K. Moon on 12/22/2022. (al)
|
|
Filing 56
SEALED Documents - Sealed Exhibits from Bench Trial held on 10/28/2022. (Attachments: #1 Petitioner's Exhibit A (SEALED), #2 Petitioner's Exhibit B (SEALED), #3 Petitioner's Exhibit D (SEALED), #4 Petitioner's Exhibit F (SEALED), #5 Petitioner's Exhibit N (SEALED), #6 Petitioner's Exhibit O (SEALED), #7 Petitioner's Exhibit L (SEALED), #8 Petitioner's Exhibit P (SEALED), #9 Respondent's Exhibit B (SEALED), #10 Respondent's Exhibit C (SEALED))(ca)
|
|
Filing 55
Exhibit List by Clerk from Bench Trial held on 10/28/2022. (Attachments: #1 Petitioner's Exhibit A (REDACTED), #2 Petitioner's Exhibit B (REDACTED), #3 Petitioner's Exhibit C, #4 Petitioner's Exhibit D (REDACTED), #5 Petitioner's Exhibit N (REDACTED), #6 Petitioner's Exhibit O (REDACTED), #7 Petitioner's Exhibit H, #8 Petitioner's Exhibit L (REDACTED), #9 Petitioner's Exhibit P (REDACTED), #10 Respondent's Exhibit A, #11 Respondent's Exhibit B (REDACTED), #12 Respondent's Exhibit C (REDACTED))(ca)
|
|
Filing 54
RESPONSE in Opposition re #53 First MOTION to Strike #52 Brief/Memorandum, #51 Declaration, #50 Declaration Respondent's Motion in Opposition to Petitioner's Motion to Stike. filed by Molissa Rene Lake. (Spence, Phyllis)
|
|
Filing 53
First MOTION to Strike #52 Brief/Memorandum, #51 Declaration, #50 Declaration by Emile Valentin Davis. (Slovensky, Devon)
|
|
Filing 52
Respondent's Revised Proposed Findings of Fact and Law filed by Molissa Rene Lake. (Attachment: #1 Exhibit)(Spence, Phyllis) Modified on 11/17/2022 - Docket text was modified to reflect the correct filing event. (ca)
|
|
Filing 51
Declaration Respondent's Proposed Revised Declarations of Foreign Law by Molissa Rene Lake (Spence, Phyllis)
|
|
Filing 50
Respondent's MOTION to Revise her Proposed Declarations of Foreign Law by Molissa Rene Lake (Spence, Phyllis) Modified on 11/17/2022 - Docket text was modified to reflect the correct docket event (Motion for Leave to File). (ca)
|
|
Filing 49
Proposed Findings of Fact by Emile Valentin Davis.(Slovensky, Devon)
|
|
Filing 48
ORAL ORDER denying in full #29 Petitioner's Motion in Limine, for the reasons as stated on the record in open court. Entered by Senior Judge Norman K. Moon on October 28, 2022. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(ca)
|
|
Filing 47
Minute Entry for proceedings held before Senior Judge Norman K. Moon: Bench Trial held on 10/28/2022. (Court Reporter: Mary Butenschoen) (ca)
|
|
Filing 46
RESPONSE to Motion re #29 First MOTION in Limine Respondent's Opposition to Defendant's Motion in Limine. filed by Molissa Rene Lake. (Spence, Phyllis)
|
|
Filing 45
ORAL ORDER: The Court hereby grants Respondent's motion to permit expert witness D. Michael Bourne to testify remotely, Dkt. 42. Entered by Senior Judge Norman K. Moon on 10/26/2022. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(al)
|
|
Filing 44
Proposed Exhibit & Witness List by Emile Valentin Davis.(Slovensky, Devon) Modified docket text on 10/26/2022 (ca)
|
|
Filing 43
Exhibit and Witness List Pursuant to FED. R. CIV. P. 26(a)(3) by Molissa Rene Lake. (Spence, Phyllis)
|
|
Filing 42
MOTION to Appoint Expert Remote Testimony by Molissa Rene Lake. (Spence, Phyllis)
|
|
Filing 41
Declaration Expert and Disclosure Pursuant to FED. R. CIV. P. 26(a)(2) by Molissa Rene Lake (Spence, Phyllis)
|
|
Filing 40
Declaration of Foreign Law by Molissa Rene Lake (Spence, Phyllis)
|
|
Filing 39
ORDER denying #18 Motion to Dismiss for Failure to State a Claim. Signed by Senior Judge Norman K. Moon on 10/24/2022. (al)
|
|
Filing 38
MEMORANDUM OPINION. Signed by Senior Judge Norman K. Moon on 10/24/2022. (al)
|
|
Filing 37
ORAL ORDER: The Court hereby grants Respondent's motion for extension of time to file declarations of foreign law in accordance with Article 14 of the Hague Convention, Dkt. 32, and Petitioner's motion to supplement declarations of foreign law, Dkt. 35. Parties may file declarations of foreign law in accordance with Article 14 of the Hague Convention until on or before October 25, 2022. Entered by Senior Judge Norman K. Moon on 10/24/2022. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(al)
|
|
Filing 36
ORAL ORDER: The Court hereby grants Petitioner's motion to permit the testimony by remote means of foreign witnesses and states, Dkt. 30. Entered by Senior Judge Norman K. Moon on 10/24/2022. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(al)
|
|
Filing 35
Declaration of Foreign Law and Motion for Leave to Supplement by Emile Valentin Davis (Slovensky, Devon) Modified on 10/24/2022 Docket text modified to reflect that the document is also filed as a motion (al).
|
|
Filing 34
Proposed Findings of Fact by Emile Valentin Davis.(Slovensky, Devon)
|
|
Filing 33
RESPONSE in Support re #14 MOTION to Dismiss Respondent's Motion to Dismiss, REPLY to Response to Motion . filed by Molissa Rene Lake. (Spence, Phyllis)
|
|
Filing 32
MOTION for Extension of Time to File Declarations of Foreign Law in Accordance with Article 14 of the Hague Convention by Molissa Rene Lake. (Spence, Phyllis)
|
|
Filing 31
Proposed Findings of Fact by Molissa Rene Lake. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Spence, Phyllis)
|
|
Filing 30
First MOTION remote appearance by Emile Valentin Davis. (Slovensky, Devon)
|
|
Filing 29
First MOTION in Limine by Emile Valentin Davis. (Slovensky, Devon)
|
|
Filing 28
SCHEDULING ORDER. Signed by Senior Judge Norman K. Moon on October 13, 2022. (ca)
|
|
Filing 27
Notice Rescheduling Bench Trial (Reducing trial from two days to one day only) (CR) previously set for October 27 - 28, 2022 at 9:30 AM before Judge Norman K. Moon in Lynchburg. Bench Trial RESET for October 28, 2022 at 9:30 AM in Lynchburg before Senior Judge Norman K. Moon. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs. (ca)
|
|
Filing 26
ORAL ORDER: In light of Respondent's request to extend the deadline for filing Respondent's Reply to Petitioner's Response in Opposition, Dkt. #25 , the Court extends the deadline, requiring Respondent to file the Reply on or before 10 days from the filing of Petitioner's Response in Opposition. Entered by Senior Judge Norman K. Moon on October 12, 2022. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(ca)
|
|
Filing 25
First RESPONSE in Opposition re #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #14 MOTION to Dismiss . filed by Emile Valentin Davis. (Slovensky, Devon)
|
|
Filing 24
ORAL ORDER taking under advisement #20 Motion to Appoint Pro Bono Guardian ad Litem. At this point, the Court is not in a position to be determining the best interest of the children. See Hazbun Escaf v. Rodriguez, 200 F. Supp. 2d 603, 610-11 (E.D. Va. 2002), aff'd sub nom., Escaf v. Rodriguez, 52 F. App'x 207 (4th Cir. 2002). Thus, the Court simply takes Respondent's motion to appoint ad litem under advisement. Entered by Senior Judge Norman K. Moon on September 29, 2022. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(ca)
|
|
Filing 23
ORAL ORDER: The Court requires Parties to submit findings of fact and law at least one week in advance of the bench trial set for October 27 - 28, 2022. Entered by Senior Judge Norman K. Moon on September 28, 2022. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(ca)
|
|
Filing 22
ORAL ORDER: The Court hereby grants #17 Respondent's Motion to restrict public access to Documents 14, 15, and 16. Entered by Senior Judge Norman K. Moon on September 28, 2022. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(ca)
|
|
Filing 21
ORAL ORDER: As Respondent has found counsel, Dkt. #12 , Respondent's oral motion to appoint counsel, Dkt. 11 , is hereby terminated as moot. Entered by Senior Judge Norman K. Moon on September 28, 2022. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(ca)
|
|
Filing 20
MOTION to Appoint Pro Bono Guardian ad Litem by Molissa Rene Lake. (Spence, Phyllis)
|
|
Filing 19
Brief / Memorandum in Support re #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . filed by Molissa Rene Lake. (Attachments: #1 9/8/2021 Text from Petitioner to Respondent, #2 School Progress, #3 9/17/2021 Texts between Petitioner and daughter)(Spence, Phyllis)
|
|
Filing 18
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Molissa Rene Lake. (Spence, Phyllis)
|
|
Filing 17
MOTION to Amend/Correct Respondent's Motion to Restrict Public Access to Documents #14, #15 and #16 by Molissa Rene Lake. (Spence, Phyllis)
|
|
Filing 16
First MOTION to Amend/Correct Respondent's Motion to Dismiss by Molissa Rene Lake. (Spence, Phyllis) Modified on 9/28/2022 - Document restricted pursuant to Oral Order entered at Dkt. 22. (ca)
|
|
Filing 15
MOTION to Appoint ad Litem by Molissa Rene Lake. (Spence, Phyllis) Modified on 9/28/2022 - Document restricted pursuant to Oral Order entered at Dkt. 22. (ca)
|
|
Filing 14
MOTION to Dismiss by Molissa Rene Lake. (Attachments: #1 Declaration in Support, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Spence, Phyllis) Modified on 9/28/2022 - Document restricted pursuant to Oral Order entered at Dkt. 22. (ca)
|
|
Filing 13
NOTICE of Hearing: (CR) Bench Trial set for October 27 - 28, 2022 at 9:30 AM in Lynchburg before Senior Judge Norman K. Moon. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs. (ca)
|
|
Filing 12
NOTICE of Appearance by Phyllis Carrison Spence on behalf of Molissa Rene Lake (Spence, Phyllis)
|
|
Filing 11
ORAL MOTION to Appoint Counsel by Molissa Rene Lake (Gibson), Pro Se. (ca)
|
|
Filing 10
Minute Entry for proceedings held before Senior Judge Norman K. Moon: Show Cause Hearing & Scheduling Hearing held on 9/9/2022 via Zoom. (Court Reporter: Lisa Blair) (ca)
|
|
Thomas W. Ashton, in accordance with Section B.9. of the Administrative Procedures for Filing, Signing and Verifying Pleadings and Papers by Electronic Means, a registered user is responsible for ensuring their mailing address, primary email address, and telephone number are kept up-to-date with this court by #updating the information in their PACER account. To update your information, log into PACER.gov and click the Maintenance tab to Update this information with this court. (ca)
|
|
Filing 9
RETURN of service of Complaint on 9/8/2022 upon Molissa Rene Lake.(al)
|
|
Filing 8
NOTICE of Video-Conference Hearing: (CR) (#Click on this link for guidance for participation via Zoom and #Click on this link for instructions on how to listen to public hearings) -- Show Cause / Scheduling Hearing set for September 9, 2022 at 2:00 PM via Zoom before Senior Judge Norman K. Moon. (ca)
|
|
Filing 7
Sealed Documents to #1 VERIFIED PETITION FOR RETURN OF THE CHILD TO ANGUILLA AND REQUEST FOR ISSUANCE OF SHOW CAUSE ORDER, per Court Order as of this date. (Attachments: #1 Exhibit B-Emile Birth Certificate, #2 Exhibit C-Divorce Decree, #3 Exhibit D-Custody Order, #4 Exhibit E-Convention Order, #5 Exhibit F-Application Under Hague Convention for Return of Children)(al)
|
|
Filing 6
ORDER granting #4 First Motion to Seal. Signed by Senior Judge Norman K. Moon on 9/7/2022. (Order mailed to Pro Se Party via US Mail)(al)
|
|
Filing 5
SHOW CAUSE AND PRETRIAL SCHEDULING ORDER granting #2 Motion to Expedite Proceedings Pursuant to Hague Convention Law with Incorporated Memorandum of Law. Signed by Senior Judge Norman K. Moon on 9/7/2022. (Order mailed to Pro Se Party via US Mail)(al)
|
|
Filing 4
First MOTION to Seal by Emile Valentin Davis. (Attachments: #1 Text of Proposed Order)(Slovensky, Devon)
|
|
Filing 3
Electronic Summons Issued as to Molissa Rene Lake NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(al)
|
|
Filing 2
REQUEST to Expedite Proceedings Pursuant to Hague Convention Law with Incorporated Memorandum of Law by Emile Valentin Davis. (al)
|
|
Filing 1
VERIFIED PETITION FOR RETURN OF THE CHILD TO ANGUILLA AND REQUEST FOR ISSUANCE OF SHOW CAUSE ORDER against Molissa Rene Lake (Filing & Administrative fee $402 receipt number AVAWDC-4024510), filed by Emile Valentin Davis. (Attachments: #1 Text of Proposed Order, #2 Exhibit A-Placeholder for Birth Certificate of Ahrianna Valissa Daniella Davis, #3 Exhibit B-Placeholder for Birth Certificate of Ahrianna Valissa Daniella Davis, #4 Exhibit C-Placeholder for Divorce Decree, #5 Exhibit D-Placeholder for Custody Order, #6 Exhibit E-Placeholder for Anguilla Decree of Unlawful Removal, #7 Exhibit F-Placeholder for Hague Convention Application, #8 Civil Cover Sheet)(al)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Virginia Western District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: Davis v. Lake | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Petitioner: Emile Valentin Davis | |
| Represented By: | Devon Rood Slovensky |
| Represented By: | Thomas Woodward Ashton |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Respondent: Molissa Rene Lake | |
| Represented By: | Phyllis Carrison Spence |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
