Xiaoxuan v. Mason
Defendant: Nicholas Carey Mason
Petitioner: Yan Xiaoxuan
Case Number: 4:2023cv05041
Filed: April 5, 2023
Court: US District Court for the Eastern District of Washington
Presiding Judge: Stanley A Bastian
Nature of Suit: Other Statutory Actions
Cause of Action: 42 U.S.C. § 11601 International Child Abduction Remedies Act (ICARA)
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 5, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 1, 2023 Opinion or Order Filing 27 TEXT-ONLY ORDER (no PDF will issue) The briefing schedule set forth in ECF No. #11 is modified as follows: Plaintiff's reply to Defendant's responsive brief shall be filed on or before June 7, 2023. This text-only entry constitutes the Court's ruling on the matter. Signed by Chief Judge Stanley A Bastian. (AY, Case Administrator)
May 31, 2023 Filing 26 NOTICE of Cancellation - By Court - Text entry - no PDF document. The Status Conference on 6/13/2023 is CANCELLED. The Settlement Conference has been scheduled. (MF, Courtroom Deputy)
May 31, 2023 Filing 25 NOTICE of Cancellation - By Court - Text entry - no PDF document. The Contempt Hearing set for 6/1/2023 is CANCELLED. The parties filed their Answer on 5/31/2023. (MF, Courtroom Deputy)
May 31, 2023 Filing 24 Declaration of Defendant in Support of ANSWER to Complaint by Nicholas Carey Mason. (Attachments: #1 Exhibit Police Report, #2 Exhibit Photos, #3 Exhibit Text Messages)(Showrai, Amir)
May 31, 2023 Filing 23 ANSWER to Complaint and Affirmative Defense by Nicholas Carey Mason.(Showrai, Amir)
May 30, 2023 Opinion or Order Filing 22 ORDER SETTING CONTEMPT HEARING. Contempt Hearing set for 6/1/2023 at 01:00 PM in Yakima Courtroom 203. Case Management Deadline set for 5/31/2023. Signed by Chief Judge Stanley A Bastian. (AY, Case Administrator)
May 23, 2023 Filing 21 NOTICE CHANGING TIME OF SETTLEMENT CONFERENCE HEARING - Text entry; no PDF document - - By Court: Settlement Conference set for 6/29/2023 at 9:00 AM is CHANGED to 01:00 PM in Yakima Courtroom 102 before Magistrate Judge Alexander C Ekstrom. Change in time only. (PH, Case Administrator)
May 16, 2023 Opinion or Order Filing 20 ORDER: Defendant is directed to file his response to Plaintiff's Petition no later than May 22, 2023. Plaintiff's reply, if any, shall be filed on or before May 26, 2023. Signed by Chief Judge Stanley A. Bastian. Text entry; no PDF document will issue. This text-only entry constitutes the court order on the matter. (AY, Case Administrator)
May 15, 2023 Opinion or Order Filing 19 ORDER Setting Settlement Conference: Confidential written offer of settlement ddl 05/30/2023. Counteroffer ddl 06/01/2023. Confidential In camera submission ddl 06/15/2023. SEE attached PDF of Order. Settlement Conference set for 6/29/2023 09:00 AM in Yakima Courtroom 102 before Magistrate Judge Alexander C Ekstrom. Signed by Magistrate Judge Alexander C Ekstrom. (AY, Case Administrator)
May 10, 2023 Filing 18 NOTICE of Appearance by Amir John Showrai on behalf of Nicholas Carey Mason (Attorney Amir John Showrai added to party Nicholas Carey Mason(pty:res))(Showrai, Amir)
May 9, 2023 Opinion or Order Filing 17 ORDER REFERRING MATTER TO MAGISTRATE JUDGE Alexander C Ekstrom for Settlement Conference. Signed by Chief Judge Stanley A Bastian. (SG, Case Administrator) (Service of Notice on parties not registered as users of the Court CM/ECF system accomplished via USPS mail.)
May 4, 2023 Opinion or Order Filing 16 ORDER SETTING STATUS CONFERENCE; granting #14 Stipulated Motion to Continue Trial Date and Existing Pre-Trial Deadlines. Status Conference set for 6/13/2023 at 03:00 PM via Video Conference. Signed by Chief Judge Stanley A Bastian. (AY, Case Administrator) (Service of Notice on parties not registered as users of the Court CM/ECF system accomplished via USPS mail.)
May 3, 2023 Filing 15 NOTICE of Cancellation - By Court - Text entry - no PDF document. Hearing on 5/3/2023 is CANCELLED. The Court will reset the hearing on a Motion filed by the parties. (MF, Courtroom Deputy)
May 3, 2023 Filing 14 Stipulated MOTION to Continue Trial Date and Existing Pre-Trial Deadlines by Yan Xiaoxuan. Motion Hearing set for 6/5/2023 Without Oral Argument before Chief Judge Stanley A Bastian. (LaMusga, Asa)
April 20, 2023 Filing 13 CERTIFICATE OF SERVICE as to #12 Brief, Declaration of Service filed by Yan Xiaoxuan. (LaMusga, Asa)
April 19, 2023 Filing 12 BRIEF re #1 Complaint,, Legal Brief in Support of Petition for Return of Child by Yan Xiaoxuan. (Attachments: #1 Exhibit Exhibit A- Japanese Civil Code, #2 Exhibit Exhibit B- Photos of C.Y.M. in Japan, #3 Exhibit Exhibit C- C.Y.M.'s Report Card, #4 Exhibit Exhibit D- C.Y.M.'s school certificate)(LaMusga, Asa)
April 12, 2023 Remark - The passports for Nicholas Mason and C.Y.M., and permanent residence card for C.Y.M. were delivered to the Richland Clerk's Office on 4/12/2023 pursuant to the Court's Order, ECF No. #11 . (CV, Courtroom Deputy)
April 10, 2023 Opinion or Order Filing 11 ORDER SETTING BRIEFING SCHEDULE. In Court Hearing set for 5/3/2023 at 02:00 PM in Yakima Courtroom 203. Signed by Chief Judge Stanley A Bastian. (AY, Case Administrator) (Service of Notice on parties not registered as users of the Court CM/ECF system accomplished via USPS mail.)
April 10, 2023 Filing 10 Minute Entry for proceedings held before Chief Judge Stanley A Bastian: Show Cause Hearing held on 4/10/2023. (Reported/Recorded by: Kimberly Allen) (MF, Courtroom Deputy)
April 10, 2023 Filing 9 PROOF OF SERVICE by Yan Xiaoxuan re Nicholas Carey Mason. (LaMusga, Asa)
April 7, 2023 Opinion or Order Filing 8 ORDER GRANTING #3 MOTION FOR ORDER TO SHOW CAUSE; granting #7 Plaintiff's Motion to Expedite. Defendant Nicholas Carey Mason is restrained from removing C.Y.M., or causing or permitting the minor child to be removed from the jurisdiction of the Eastern District of Washington pending further Order of the Court. Defendant Nicholas Carey Mason is ordered to appear. In-Person Hearing set for 4/10/2023 at 11:00 AM in Richland Courtroom 189. Signed by Chief Judge Stanley A Bastian. (LAS, Case Administrator)
April 6, 2023 Filing 7 MOTION to Expedite Petition for return of child by Yan Xiaoxuan. Motion Hearing set for 4/13/2023 Without Oral Argument before Chief Judge Stanley A Bastian. (LaMusga, Asa)
April 6, 2023 Filing 6 Summons Issued as to Nicholas Carey Mason. (LTR, Case Administrator)
April 6, 2023 Opinion or Order Filing 5 ORDER TO PROCEED IN FORMA PAUPERIS. Plaintiff is granted in forma pauperis status. IT IS SO ORDERED. TEXT ONLY entry; no PDF document will issue. This text-only entry constitutes the court order or notice on the matter. Signed by Magistrate Judge James A. Goeke. (HF)
April 6, 2023 Filing 3 MOTION for Order to Show Cause for the Return of Child by Yan Xiaoxuan. Motion Hearing set for 4/10/2023 Without Oral Argument before Magistrate Judge Alexander C Ekstrom. (Attachments: #1 Supplement Treaty Text, #2 Supplement Statute Text, #3 Text of Proposed Order Order to Go to Court)(LaMusga, Asa)
April 6, 2023 Filing 1 COMPLAINT Petition for return of child against Nicholas Carey Mason IFP Pending Filed by Yan Xiaoxuan. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Exhibit Exhibit A to Petition, #4 Exhibit Exhibit B to Petition, #5 Exhibit Exhibit C to Petition, #6 Exhibit Exhibit D to Petition, #7 Exhibit Exhibit E to Petition, #8 Exhibit Exhibit F to Petition, #9 Exhibit Exhibit G to Petition, #10 Supplement Plaintiff's Declaration, #11 Exhibit Exhibit to Plaintiff's Declaration, #12 Text of Proposed Order Order to Go to Court, #13 Supplement Motion for Order to Show Cause, #14 Supplement Treaty Text, #15 Supplement Statute Text)(LaMusga, Asa)
April 6, 2023 Set/Reset Motion Hearing as to #3 MOTION for Order to Show Cause for the Return of Child. Motion Hearing reset as to judge for 4/10/2023 Without Oral Argument. Now set before Chief Judge Stanley A Bastian. (LTR, Case Administrator)
April 6, 2023 Notice of Judge Assignment. Chief Judge Stanley A Bastian assigned to case. (LTR, Case Administrator)

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Petitioner: Yan Xiaoxuan
Represented By: Asa LaMusga
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Defendant: Nicholas Carey Mason
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