Saada et al v. Golan
| New York Eastern District Court | |
| Judge: | Ann M Donnelly |
| Referred: | Robert M Levy |
| Case #: | 1:18-cv-05292 |
| Nature of Suit | 890 Other Statutes - Other Statutory Actions |
| Cause | 42:11601 - INTERNATIONAL CHILD ABDUCTION REMEDIES |
| Case Filed: | Sep 20, 2018 |
| Terminated: | Apr 06, 2021 |
| Last checked: Wednesday Jun 28, 2023 5:31 AM EDT |
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In Re
In The Matter of B.A.S.
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Intervenor
Morin Golan
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Represented By
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Petitioner
Isacco Jacky Saada
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Represented By
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Plaintiff
B.A.S
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Represented By
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Respondent
Narkis Aliza Golan
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Represented By
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GPO
Mar 22 2019
MEMORANDUM AND ORDER. The Court concludes that B.A.S. was a habitual resident of Italy when Ms. Golan kept him in the United States, and that B.A.S. would be subject to grave risk of harm upon repatriation to Italy. Mr. Saada has agreed to the following undertakings: (1) he will give Ms. Golan $30,000 before B.A.S. is returned to Italy for housing accommodations without restriction on location in Italy, financial support, and legal fees; (2) he will stay away from Ms. Golan until the Italian courts address this issue; (3) he will pursue dismissal of criminal charges against Ms. Golan relating to her abduction of B.A.S.; (4) he will begin cognitive behavioral therapy in Italy; and (5) he waives any and all rights to legal fees or expenses under the Hague Convention and ICARA for the prosecution of this action. In addition. Mr. Saada is to provide the full record of these proceedings, including trial transcripts, court filings,exhibits, undertakings, expert reports, and decisions of this Court to the Italian court presiding over the custody proceeding. Mr. Saada is to provide a sworn statement with the measures he will take to assist Ms. Golan in obtaining legal status and working papers in Italy. Mr. Saada must also drop any currentcivil actions against Ms. Golan in Italy based on the abduction of B.A.S., and must not pursue any future criminal or civil actions against her in Italy based on the abduction. Based on these undertakings and conditions, which the Court concludes sufficiently ameliorate the risk of harm to B.A.S. upon repatriation, the petition is granted. The parties are directed to appear for a conference on Friday, March 29, 2019, at 10:30 a.m. in Courtroom 4G North to establish the timing and circumstances for B.A.S.'s return to Italy. Ordered by Judge Ann M. Donnelly on 3/22/2019. (Greene, Donna) |
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GPO
May 05 2020
MEMORANDUM DECISION AND ORDER. The petition is granted and B.A.S. must be returned to Italy. The Clerk of Court is respectfully directed to enter judgment in favor of the petitioner. The parties are to meet and confer regarding B.A.S.'s return to Italy and the ameliorative measures outlined in this order, including the petitioner's payment to the respondent. This order is stayed for thirty days to allow the parties time to resolve the method of B.A.S.'s return, and for the respondent to seek and obtain a decision on an expedited appeal. Ordered by Judge Ann M. Donnelly on 5/5/2020. (Greene, Donna) |
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GPO
Mar 29 2021
MEMORANDUM DECISION AND ORDER. The respondent's motion to vacate the judgment is denied. Accordingly, the petition is granted and B.A.S. must be returned to Italy. The Clerk of Court is respectfully directed to enter judgment in favor of the petitioner. The Court will stay the judgment for 60 days to allow the parties to finalize travel arrangements to Italy. The parties are directed to submit a joint status report 30 days from the date of this order updating the Court on the progress of their arrangements. Ordered by Judge Ann M. Donnelly on 3/29/2021. (Greene, Donna) |
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GPO
Jan 23 2023
REPORT AND RECOMMENDATION RE 172; 173; 174 and 178: By order dated December 4, 2022, the Honorable Ann M. Donnelly, United States District Judge, referred the motions to intervene filed by Morin Golan and the Children's Law Center to me for report and recommendation. Additionally, by order dated December 20, 2022, Judge Donnelly referred petitioner Isacco Jacky Saada's motion to substitute Morin Golan as respondent, vacate the Kings County Family Court orders, and transfer B.A.S. to his care during these proceedings to me for report and recommendation. For the reasons stated in the attached Report & Recommendation, I respectfully recommend that the Kings County Family Court Orders be vacated, that petitioner's request to transfer B.A.S. to his care during these proceedings be referred to the Italian court, and that petitioners motion to amend the Petition to add Morin Golan as respondent be granted. I further recommend that Morin Golan's motion to intervene be denied and that CLC's motion to intervene or to be appointed as guardian ad litem be denied. Any objections to this Report and Recommendation must be filed electronically, with courtesy copies to Judge Donnelly and to my chambers, within fourteen days. Failure to file objections within the specified time waives the right to appeal the district court's order. See 28 U.S.C. § 636(b)(1); FED. R. CIV. P. 72, 6(a), 6(d). Ordered by Magistrate Judge Robert M. Levy on 1/23/2023. (JM) See attached Report & Recommendation for details. (Main Document 187 replaced on 1/23/2023) (JM). |
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GPO
Feb 13 2023
ORDER ADOPTING REPORT AND RECOMMENDATION IN PART AND RESERVING DECISION IN PART. The petitioner's motion to amend the petition and add Morin Golan as a respondent is granted. The petitioner's motion to substitute Morin Golan as a respondent, and the motions by the Children's Law Center and Morin Golan to intervene are denied. The Court defers ruling on the petitioner's motion to vacate the orders of the Kings County Family Court and requesting temporary custody over B.A.S. during the pendency of these proceedings. Ordered by Judge Ann M. Donnelly on 2/13/2023. (DG) |
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GPO
Mar 24 2023
ORDER: The Honorable Mary W. Sheffield of the Missouri Court of Appeals, who currently serves as a U.S. Network Judge to the International Hague Network of Judges, sent the attached letter to Judges Daniela Bacchetta and Gabriella Tomai, the Italian Network Judges, and attached the Court's recent orders, 159 and 193. The Court will notify the parties of the Italian Judges' response.The Court is also in receipt of the petitioner's request for overnight visits 208. The parties are directed to appear for a status conference on March 28, 2023 at 11:30 a.m. in Courtroom 4G North. Ordered by Judge Ann M. Donnelly on 3/24/2023. (EK) |
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GPO
Jan 24 2024
MEMORANDUM DECISION AND ORDER. The amended petition is denied. The Clerk of Court is respectfully directed to enter judgment in favor of the respondent and close the case. The parties are to meet and confer regarding B.A.S.'s continued custody case in the King's County Family Court. Ordered by Judge Ann M. Donnelly on 1/24/2024. (DG) |
| Docket last updated: 2 hours ago |
| Thursday, August 08, 2024 | ||
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pgs
order
Order on Motion for Protective Order
Thu 08/08 6:04 PM
PROTECTIVE ORDER. Ordered by Judge Ann M. Donnelly on 8/8/2024. (DG) |
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