Ubilla v. Fleurantin
| Aquiles Erasmo Ubilla |
| Mirlande Fleurantin |
| 1:2024cv00250 |
| February 26, 2024 |
| US District Court for the Eastern District of Wisconsin |
| William C Griesbach |
| Other Statutory Actions |
| 28 U.S.C. ยง 1331 Fed. Question |
| None |
Docket Report
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This docket was last retrieved on April 16, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 18 JUDGMENT signed by Deputy Clerk and approved by Judge William C Griesbach on 4/16/2024 in favor of Petitioner Aquiles Erasmo Ubilla and against Respondent Mirlande Fleurantin, directing that T.N.F.U. be returned to Chile. Respondent is to consult with Petitioner with a view to reaching agreement on when T.N.F.U.'s return will occur. In the event they are unable to agree, Petitioner may file an appropriate motion with the Court. (cc: all counsel and via US Mail to Respondent) (kwf) |
Filing 17
ORDER FOR RETURN OF CHILD signed by Judge William C Griesbach on 4/15/2024. Based on the foregoing Findings of Fact and Conclusions of Law, IT IS HEREBY ORDERED that T.N.F.U. be returned to Chile. IT IS FURTHER ORDERED that, pursuant to 22 U.S.C. 9007(b), Respondent Mirlande Fleurantin is responsible for necessary costs and expenses to return T.N.F.U. to Chile, as well as costs of the interpreter. (cc: all counsel and via US Mail to Respondent) (Griesbach, William)
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| Filing 16 EXHIBITS received for Aquiles Erasmo Ubilla; Exhibit List filed. (Attachments: #1 Exhibit List) (cc: all counsel and via US Mail to Respondent) (kwf) |
| Filing 15 Minute Entry for proceedings held before Judge William C Griesbach: Show Cause Hearing held on 4/12/2024. Testimony given by Aquiles Erasmo Ubilla and Mirlande Fleurantin. Exhibits offered and received. The court will issue a written decision in short order. (Tape #041224) (cc: all counsel and via US Mail to Respondent) (kwf) |
| Filing 14 PRETRIAL BRIEF filed by Aquiles Erasmo Ubilla re Grave-Risk Defense. (Hazen, Rhonda) |
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Filing 13
ORDER APPOINTING Standby Counsel for Respondent Mirlande Fleurantin during the show cause hearing scheduled for April 12, 2024, signed by Judge William C Griesbach on 03/11/2024. The Court reminds Respondent that Attorney Pruhs is not representing her. Though he is helping her, his obligation is to the Court. He will be available to assist Respondent in presenting her case by helping her understand the applicable law and eliciting the evidence she has in support of her defense to the Petition, as well as cross-examining the Petitioner and any witnesses called by him. The Court directs the clerks office to mail a copy of this order to Respondent and Attorney Pruhs at Pruhs & Donovan, S.C., 757 North Broadway, Suite 401, Milwaukee, Wisconsin 53202 and to add Attorney Pruhs to the docket as standby counsel for Respondent. SEE ORDER FOR FULL DETAIL. (cc: all counsel via e-file and Fleurantin and Pruhs via U.S. Mail)(Griesbach, William)
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| Filing 12 NOTICE of Hearing: Show Cause Hearing set for 4/12/2024 at 10:00 AM in Courtroom 201, 125 S. Jefferson St., Green Bay, WI 54301 before Judge William C Griesbach. (cc: all counsel and via US Mail to Respondent) (kwf) |
| Filing 11 Minute Entry for proceedings held before Judge William C Griesbach: Show Cause Hearing held on 3/7/2024. The court finds there is a prima facie argument for a defense to the return of the child and finds that it would be prudent to allow Ms. Fleurantin an opportunity to obtain counsel. Given the language difficulties, the court will make some effort to recruit a Spanish speaking attorney to assist her. Show Cause Hearing rescheduled to 4/12/2024 at 10:00 AM before Judge William C Griesbach. (Tape #030724) (cc: all counsel and via US Mail to Respondent) (kwf) (Main Document 11 replaced on 3/8/2024) (kwf) |
| Filing 10 PRETRIAL BRIEF by Aquiles Erasmo Ubilla. (Hazen, Rhonda) (Main Document 10 replaced on 3/5/2024 to include electronic signature) (mac). |
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Filing 9
ORDER signed by Judge William C Griesbach on 2/29/2024 directing the Clerk to arrange for an interpreter to be present at the 3/7/2024 Show Cause Hearing as neither party speaks English. (cc: all counsel, via US Mail to Respondent)(Griesbach, William)
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Filing 8
TEXT ONLY ORDER GRANTING #6 Petitioner's request to appear at the March 7, 2024 hearing by video conference, signed by Judge William C Griesbach on 02/29/2024. (cc: all counsel, via US Mail to Respondent)(Griesbach, William)
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| Filing 7 DISCLOSURE Statement by Aquiles Erasmo Ubilla. (Hazen, Rhonda) |
| Filing 6 LETTER from Atty. Rhonda Hazen re: Petitioner's request for telephonic appearance. (Hazen, Rhonda) |
| Filing 5 US Marshal 285 Form Returned Executed on 2/28/2024 as to Mirlande Fleurantin. (mac) |
| Docket Annotation: USMS informed the Clerk that Respondent Mirlande Fleurantin requires a Spanish Interpreter. (mac) |
| Filing 4 TRANSMIT #3 Order to Show Cause, #1 Petition with Attachments to USMS for service upon Respondent Mirlande Fleurantin on or before Friday, 3/1/2024 (mac) |
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Filing 3
ORDER TO SHOW CAUSE signed by Judge William C Griesbach on 2/27/2024. Show Cause Hearing set for 3/7/2024 02:30 PM in Courtroom 201, 125 S. Jefferson St., Green Bay, WI 54301 before Judge William C Griesbach. The USMS shall serve a copy of the Petition, together with all attachments and all other filings, and this Order upon the respondent, on or before Friday, March 1, 2024. Respondent shall show cause why the minor child has been kept from her father and why the minor child should not be returned to Chile. Petitioner's #2 Motion for Leave to Proceed Without Prepaying the Filing Fee is GRANTED. (cc: all counsel)(Griesbach, William)
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| Filing 2 MOTION for Leave to Proceed Without Prepayment of the Filing Fee by Aquiles Erasmo Ubilla. (Hazen, Rhonda) |
| Filing 1 PETITION for Return of Child Under the Hague Convention on Civil Remedies for International Child Abduction filed by Aquiles Erasmo Ubilla. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Requst to Proceed without Fee, #4 Corporate Disclosure Statement, #5 Ex. 1 to Pet. - Birth Certificate, #6 Ex. 2 to Pet. - Family Court Admin Act, #7 Ex. 3 to Pet. - Travel Documentation, #8 Ex. 4 to Pet. - Authority to Leave the Country, #9 Ex. 5 to Pet. - Hague Convention App, #10 Ex. 6 to Pet. - Chilean Leg. re Custody and Travel)(Hazen, Rhonda) |
| NOTICE Regarding assignment of this matter to Judge William C Griesbach. Consent/refusal forms for Magistrate Judge Nancy Joseph to be filed within 21 days. The consent/refusal form is available #here. Pursuant to Civil Local Rule 7.1 a disclosure statement is to be filed upon the first filing of any paper and should be filed now if not already filed. (mew) |
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| Petitioner: Aquiles Erasmo Ubilla | |
| Represented By: | Rhonda R Hazen |
| Represented By: | Jennifer C Johnson |
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| Respondent: Mirlande Fleurantin | |
| Represented By: | Martin J Pruhs |
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