Soberano v. Arreygue Guillen
| Fermin Ramos Soberano |
| Andrea Arreygue Guillen |
| 2:2021cv01084 |
| August 13, 2021 |
| US District Court for the Western District of Washington |
| Ricardo S Martinez |
| Other Statutory Actions |
| None |
Docket Report
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This docket was last retrieved on April 12, 2022. A more recent docket listing may be available from PACER.
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Filing 23
DECLARATION of A. Silva Attorney of Record Attaching Certified Translations of Two Mexican Orders in Case#1531/2018 filed by Petitioner Fermin Ramos Soberano re #7 Emergency MOTION for Temporary Restraining Order and Order to Show Cause (Silva, F)
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Filing 22
CERTIFICATE OF SERVICE by Petitioner Fermin Ramos Soberano Attorney Certification Re Electronic Service of 9/30/2021 Order, Motion for Hearing and Orders for Alternate Service, etc (Silva, F)
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Noting Date Set/Reset re Plaintiff's #7 Emergency MOTION for Temporary Restraining Order. Noted by clerk for 10/7/2021 per dkt. no. #21 . (SB)
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Filing 21
ORDER Deferring a Ruling on #7 Petitioner's Motion for Temporary Restraining Order for one week. Mr. Ramos is directed to update the Court, no later than 5:00 p.m. on 10/7/2021. Signed by Judge Ricardo S. Martinez. (SB)
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Filing 20
MINUTE ENTRY for proceedings held before Judge Ricardo S. Martinez- Dep Clerk: Laurie Cuaresma; Pla Counsel: Andrekita Silva; CR: Angela Nicolavo (by telephone); Time of Hearing: 11:15 AM; TRO Hearing held telephonically on 9/30/2021. Counsel for petitioner requests the Court issue a TRO be issued ex parte and argues in support of the request and advises the Court regarding unsuccessful attempts to affect service upon respondent. Court declines to issue ex parte TRO and directs petitioner to attempt service and advise the Court by 10/7/21 at 1:00 PM. The Court will issue an order today setting forth the directives made by the Court during the hearing. (LC)
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Filing 19
NOTICE of Unavailability of counsel F Andrekita Silva for Petitioner Fermin Ramos Soberano from 10/1 afternoon, 10/6 afternoon, 10/13-10/19-2021. (Silva, F)
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Set Hearing: TELEPHONIC TRO Hearing set for 9/30/2021 at 11:15 AM before Judge Ricardo S. Martinez. Dial-in for hearing: 888-251-2909 // access code: 1307658#(LC)
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Filing 18
SERVICE OF SUMMONS Returned Unexecuted - attempted upon defendant Fermin Ramos Soberano. (Silva, F)
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Filing 17
PRAECIPE Attorney's Second Certification Re Fed R Civ P 65b by Petitioner Fermin Ramos Soberano (Silva, F)
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Filing 16
Summons Electronically Issued as to defendant Andrea Arreygue Guillen. (PM)
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Filing 15
CERTIFICATE OF SERVICE by Petitioner Fermin Ramos Soberano re: Minute Order dated 9/24/2021, Motion for Ex Parte Immediate Temp. Restraints and Supporting Documents dated 9/26/2021 (Silva, F)
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Filing 14
PRAECIPE TO ISSUE SUMMONS by Petitioner Fermin Ramos Soberano (Silva, F)
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Filing 13
Second DECLARATION of Fermin Ramos Soberano in Support of Motion- corrected-at-para59 filed by Petitioner Fermin Ramos Soberano re #7 Emergency MOTION for Temporary Restraining Order and Order to Show Cause (Silva, F)
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Filing 12
Second DECLARATION of Atty Attaching Hague Application- corrected filed by Petitioner Fermin Ramos Soberano re #7 Emergency MOTION for Temporary Restraining Order and Order to Show Cause (Silva, F)
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Filing 11
MINUTE ORDER re #7 , #8 , #9 , #10 : Petitioner's Emergency Motion for Temporary Restraining Order and supporting documents. The following MINUTE ORDER is made by direction of the Court, the Honorable Ricardo S. Martinez, Chief United States District Judge: On September 24, 2021, Petitioner filed a motion for a temporary restraining order. Dkt. #7. Petitioner requests that the Court grant a TRO without notice to Respondent, who has not been served in this action. Federal Rule of Civil Procedure 65(b)(1) requires that Petitioner demonstrate that immediate and irreparable harm will occur before Respondent can be heard and certify "any efforts made to give notice and the reasons why it should not be required." This Court's Local Rules also require that "[u]nless the requirements of Fed. R. Civ. P. 65(b) for issuance without notice are satisfied, the moving party must serve all motion papers on the opposing party, by electronic means if available, before or contemporaneously with the filing of the motion and include a certificate of service with the motion." Local Rules W.D. Wash. LCR 65(b)(1). The Court has reviewed the motion and does not find that immediate and irreparable injury will occur before Respondent may be heard in opposition. Further, the motion does not detail any attempts to provide notice of Petitioner's intent to seek a temporary restraining order distinct from his attempts to serve this action. As such, the Court will not grant relief without providing Respondent an opportunity to respond. Accordingly, the Court directs Petitioner to serve Respondent, including a copy of the text of this order and the motion papers, as soon as possible and, if not possible, to provide notice and documents electronically no later than 12:00 p.m. on Monday, September 27, 2021. Respondent shall have until 12:00 p.m. on Tuesday, September 28, 2021, to file notice of intent to respond and, if so indicating, until 12:00 p.m. on Wednesday, September 29, 2021, to file a response.(CAO)
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Filing 10
DECLARATION of A. Silva Attorney Attaching Hague Application of F. Ramos Soberano filed by Petitioner Fermin Ramos Soberano re #7 Emergency MOTION for Temporary Restraining Order and Order to Show Cause (Silva, F)
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Filing 9
DECLARATION of A Silva re Fed R Civ P 65(b) Certification filed by Petitioner Fermin Ramos Soberano re #7 Emergency MOTION for Temporary Restraining Order and Order to Show Cause (Silva, F)
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Filing 8
DECLARATION of Fermin Ramos Soberano in Support of Motion filed by Petitioner Fermin Ramos Soberano re #7 Emergency MOTION for Temporary Restraining Order and Order to Show Cause (Silva, F)
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Filing 7
Emergency MOTION for Temporary Restraining Order and Order to Show Cause, filed by Petitioner Fermin Ramos Soberano. (Attachments: #1 Proposed Order Order on Motion for Ex Parte Immediate Temporary Restraining Orders and Order to Show Cause) Noting Date 9/24/2021 10/7/2021, (Silva, F) Modified on 10/1/2021 to indicate new noting date (SB).
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Filing 6
NOTICE of Appearance by attorney F Andrekita Silva on behalf of Petitioner Fermin Ramos Soberano. (Silva, F)
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Filing 5
MINUTE ORDER re #4 Notice of Withdrawal of Counsel filed by Fermin Ramos Soberano. The following MINUTE ORDER is made by direction of the Court, the Honorable Ricardo S. Martinez, Chief United States District Judge: The Court STRIKES Petitioner's counsel's Notice of Intent to Withdraw. Dkt. #4. The notice does not comply with this Court's Local Civil Rules. Under Local Rule 83.2, "[n]o attorney shall withdraw an appearance in any case, civil or criminal, except by leave of court." Local Rules W.D. Wash. LCR 83.2(b)(1). "Leave shall be obtained by filing a motion... noted in accordance with LCR 7(d)(3)... and [including] a certification that the motion was served on the client." Id. Further, counsel does not provide a reason for withdrawing from an action that was just filed. Counsel is reminded that unless or until granted leave to withdraw, counsel's obligations to the Court and Petitioner remain in effect. The Court expects all counsel to be familiar with its Local Rules and act in accordance thereof. (CAO)
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Filing 4
NOTICE OF WITHDRAWAL OF COUNSEL: for Petitioner Fermin Ramos Soberano. (Silva, F)
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Filing 3
DECLARATION of Travis Mealand re: Non Service of Summons and Petition on Respondent of Travis Mealand re Non Service by Petitioner Fermin Ramos Soberano (Silva, F)
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Filing 2
Notice of Filing Deficiency ***Action Required*** Summons in Wrong Format.See attached letter for more information and instructions. (RE)
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Judge Ricardo S. Martinez added. (RE)
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Filing 1
PETITION (Receipt # AWAWDC-7208160), filed by Fermin Ramos Soberano. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Silva, F) (Attachment 1 replaced malformed PDF on 8/13/2021) (MET).
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| Plaintiff: Fermin Ramos Soberano | |
| Represented By: | F Andrekita Silva |
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| Respondent: Andrea Arreygue Guillen | |
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