Esquivel Gallegos v. Garcia Soto (1:20-cv-00092), Texas Western District Court

Esquivel Gallegos v. Garcia Soto

Texas Western District Court
Judge:	Robert Pitman
Referred:	Andrew W Austin
Case #:	1:20-cv-00092
Nature of Suit	890 Other Statutes - Other Statutory Actions
Cause	42:11603(b) Appl. for Return of Child Pursuant to Hague Convention

Case Filed:	Jan 27, 2020
Terminated:	Jun 08, 2020

Last checked: Saturday Jul 25, 2020 6:34 AM CDT

Petitioner Rene Esquivel Gallegos	Represented By Jun Zheng Duane Morris LLP contact info Tracy L. McCreight Duane Morris contact info Jacob P. Arechiga Duane Morris LLP contact info
Respondent Yulisa Itzel Garcia Soto 3351 Killingsworth Lane Lot 436 Pflugerville, TX 78660	Represented By Ivan Friedman Law Offices Of Ivan Friedman contact info

GPO Apr 30 2020
ORDER re 5 Complaint filed by Rene Esquivel Gallegos. Signed by Judge Robert Pitman. (jv2)

Docket last updated: 04/17/2024 11:59 PM CDT

Wednesday, July 08, 2020
46		46 appeal USCA Judgment/Mandate Wed 07/08 12:24 PM Copy of USCA JUDGMENT issued as the MANDATE dismissing appeal for want of prosecution. (lt) Related: [-]
Monday, June 08, 2020
45		45 order Judgment Mon 06/08 10:19 AM FINAL JUDGMENT. Signed by Judge Robert Pitman. (jv2) Related: [-]
Friday, June 05, 2020
44		44 notice Notice Fri 06/05 9:47 AM NOTICE by Rene Esquivel Gallegos re39 Order (McCreight, Tracy) Related: [-]
Thursday, June 04, 2020
43		43 2 pgs order Order on Motion to proceed In Forma Pauperis on Appeal Thu 06/04 1:13 PM ORDER DENYING WITHOUT PREJUDICE 42 Motion to proceed In Forma Pauperis on Appeal. Signed by Judge Robert Pitman. (jv2) Related: [-]
Wednesday, June 03, 2020
42		42 motion Proceed In Forma Pauperis on APPEAL Thu 06/04 9:28 AM MOTION to proceed In Forma Pauperis on appeal by Yulisa Itzel Garcia Soto. Documents attached to Notice of Appeal Dkt.41 . (lt) Related: [-]
41		41 appeal Notice of Appeal Wed 06/03 9:12 PM Appeal of Final Judgment35 by Yulisa Itzel Garcia Soto. No filing fee submitted(Friedman, Ivan) Related: [-]
		Att: 1 Affidavit Affidavit of inability to afford court costs,
		Att: 2 Affidavit Affidavit of inability to afford court costs
40		40 motion Stay Wed 06/03 9:04 PM MOTION to Stay by Yulisa Itzel Garcia Soto. (Friedman, Ivan) Related: [-]
		order Order on Motion to Stay Wed 06/03 9:30 PM Text Order DENYING40 Motion to Stay entered by Judge Robert Pitman. Respondent has not made the showing required to justify a stay pending appeal. See Chafin v. Chafin, 568 U.S. 165, 179 (2013). Accordingly, her motion to stay the Court's April 30, 2020, Order, (Dkt. 35), and May 29, 2020, Order, (Dkt. 39), pending appeal is DENIED. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sw) Related: [-]
		appeal Notice of Appeal Thu 06/04 8:52 AM NOTICE OF APPEAL following41 Notice of Appeal (E-Filed), by Yulisa Itzel Garcia Soto. Per 5th Circuit rules, the appellant has 14 days, from the filing of the Notice of Appeal, to order the transcript. To order a transcript, the appellant should fill out a[LINK:(Transcript Order)] and follow the instructions set out on the form. This form is available in the Clerk's Office or by clicking the hyperlink above. (lt) Related: [-]
Friday, May 29, 2020
39		39 2 pgs order Order Fri 05/29 4:42 PM ORDER DIRECTING TIME AND PLACE OF MINOR CHILDS RETURN TO PETITIONER. Signed by Judge Robert Pitman. (td) Related: [-]
38		38 notice Notice Fri 05/29 2:28 PM NOTICE by Rene Esquivel Gallegos(McCreight, Tracy) Related: [-]
		Att: 1 Proposed Order
Thursday, May 21, 2020
37		37 minutes Telephone Conference Thu 05/21 2:37 PM Minute Entry for proceedings held before Judge Robert Pitman: Telephone Status Conference held on 5/21/2020 (Minute entry documents are not available electronically.) (Court Reporter Pamela Andasola.)(jv2) Related: [-]
Monday, May 11, 2020
36		36 1 pgs order Order ~Util - Set Hearings Mon 05/11 2:07 PM ORDER SETTING Telephone Conference for 5/21/2020 at 09:00 AM before Judge Robert Pitman. Signed by Judge Robert Pitman. (jv2) Related: [-]
Thursday, April 30, 2020
35		35 16 pgs order Order Thu 04/30 11:12 AM ORDER re5 Complaint filed by Rene Esquivel Gallegos. Signed by Judge Robert Pitman. (jv2) Related: [-]
Friday, April 17, 2020
34		34 4 pgs order Order Fri 04/17 8:05 PM Related: [-]
Friday, April 03, 2020
33		33 misc Response Fri 04/03 3:57 PM RESPONSE by Rene Esquivel Gallegos.(McCreight, Tracy) Modified on 4/3/2020 to add docket entry relationship (jv2) Related: [-]
		Att: 1 Exhibit A
Thursday, March 26, 2020
32		32 motion Extension of Time to File Response/Reply Thu 03/26 4:57 PM Agreed MOTION for Extension of Time to File Response/Reply by Rene Esquivel Gallegos.(McCreight, Tracy) Related: [-]
		Att: 1 Proposed Order
		order Order on Motion for Extension of Time to File Thu 03/26 9:49 AM Text Order MOOTING26 Motion to Extend Time to File Brief entered by Judge Robert Pitman. Respondent filed her brief on March 25, 2020, (Dkt. 30), the date she requested as the new deadline in this motion, (Dkt. 26 at 1). The time allotted to Petitioner to respond to Respondent's motion for extension of time had not yet elapsed. See W.D. Tex. Loc. R. CV-7(e)(2). Though Respondent did not respond to the Court's Orders to file a proposed order and definitively indicate whether her motion was agreed, (Dkt. 27, 29), the fact that she has now filed a brief effectively resolves the issue. Accordingly, IT IS ORDERED that Respondent's Motion to Extend Time to File Brief, (Dkt. 26), is MOOT. However, Respondent's counsel is advised to promptly comply with the Court's orders in the future. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sw) Related: [-]
		order Order on Motion for Extension of Time to File Response/Reply Thu 03/26 5:03 PM Text Order GRANTING32 Agreed Motion for Extension of Time to File entered by Judge Robert Pitman. Petitioner shall file his brief responding to Respondent's supplemental brief, (Dkt. 30), on or before April 3, 2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sw) Related: [-]
Wednesday, March 25, 2020
31		31 4 pgs order Order Wed 03/25 8:07 PM Emergency Order in Light of the COVID-19 Pandemic (tada) Related: [-]
30		30 misc Brief Wed 03/25 6:44 PM BRIEF by Yulisa Itzel Garcia Soto. (Friedman, Ivan) Related: [-]
Tuesday, March 24, 2020
29		29 2 pgs order Order ~Util - Set/Reset Deadlines Tue 03/24 4:27 PM AMENDED ORDER re28 Order. Respondent's Advisory to the Court DUE March 25, 2020 by 2:00 p.m. ORDER VACATING28 Order. Signed by Judge Robert Pitman. (jv2) Related: [-]
28		28 2 pgs order Order ~Util - Set/Reset Deadlines Tue 03/24 4:03 PM VACATED PURSUANT TO THE COURT'S ORDER 29 ORDER: Respondent Shall File an Advisory with the Court by March 24,2020, at 12:00 p.m. as to Whether or Not Plaintiff Opposes Respondent's Motion to Extend the Briefing Deadline. Signed by Judge Robert Pitman. (jv2) Modified on 3/24/2020 to modify docket text (jv2) Related: [-]
Monday, March 23, 2020
27		27 notice Deficiency Notice Mon 03/23 2:03 PM DEFICIENCY NOTICE: re 26 Agreed MOTION for Extension of Time to File (jv2) Related: [-]
26		26 motion Extension of Time to File Document Mon 03/23 10:56 AM Agreed MOTION for Extension of Time to File by Yulisa Itzel Garcia Soto. (Friedman, Ivan) Related: [-]
Thursday, March 12, 2020
25		25 5 pgs order Order Thu 03/12 1:37 PM ORDER REQUIRING ADDITIONAL BRIEFING. Signed by Judge Robert Pitman. (jv2) Related: [-]
Friday, March 06, 2020
24		24 trial Witness List Fri 03/06 4:44 PM Witness List for Merits Hearing23 held 03/06/2020. (jv2) Modified on 3/6/2020 (jv2) Related: [-]
23		23 minutes Evidentiary Hearing Fri 03/06 4:40 PM Minute Entry for proceedings held before Judge Robert Pitman: Merits Hearing held on 3/6/2020 (Minute entry documents are not available electronically.) Written Order forthcoming. (Court Reporter Pamela Andasola.)(jv2) Related: [-]
Wednesday, March 04, 2020
22		22 2 pgs order Order ~Util - Set Hearings Wed 03/04 4:32 PM ORDER. IT IS ORDERED that the Merits Hearing previously set for 3/3/2020 is CONTINUED to Friday, 03/06/2020 at 1:00 PM before Judge Robert Pitman. ORDER that the temporary restraining order4 is retroactively extended to 03/06/2020. ORDER GRANTING Motion to Appear Pro Hac Vice for Ivan Friedman on behalf of Respondent. Signed by Judge Robert Pitman. (jv2) Related: [-]
Tuesday, March 03, 2020
21		21 motion Appear Pro Hac Vice Tue 03/03 11:59 AM MOTION to Appear Pro Hac Vice by Ivan Friedman for and on behalf of Respondent Yulisa Garcia Soto.(jv2) Related: [-]
		Att: 1 Proposed Order
20		20 minutes Miscellaneous Hearing Tue 03/03 11:51 AM Minute Entry for proceedings held before Judge Robert Pitman: Hearing held on 3/3/2020. Counsel for Respondant announces not ready for hearing; Court will recess hearing until Friday, 3/6/2020 at 1:00 P.M. (Minute entry documents are not available electronically.) (Court Reporter Pamela Andasola.)(jv2) Related: [-]
Wednesday, February 26, 2020
19		19 2 pgs order Order Temporary Restraining Order ~Util - Set Hearings Wed 02/26 9:49 AM ORDER VACATING the Court's February 24, 2020 Order18 . ORDER temporary restraining order (Order4 ) is retroactively extended to March 3, 2020 at 10:00 a.m. MERITS HEARING SET for 3/3/2020 at 10:00 AM before Judge Robert Pitman. ORDER that the Clerk shall mail Respondent Garcia all future filings in this case until counsel representing her file a notice of appearance. Signed by Judge Robert Pitman. (jv2) Related: [-]
Monday, February 24, 2020
18		18 1 pgs order Order ~Util - Set Hearings Mon 02/24 8:19 AM ORDER SETTING PRELIMINARY INJUNCTION HEARING for 03/03/2020 at 10:00 AM before Judge Robert Pitman. Signed by Judge Robert Pitman. (jv2) Related: [-]
Friday, February 21, 2020
16		16 minutes Evidentiary Hearing Fri 02/21 1:23 PM Minute Entry for proceedings held before Judge Robert Pitman: Merits Hearing held on 2/21/2020. HEARING CONTINUED to March 3, 2020 at 10:00 AM before Judge Robert Pitman. (Minute entry documents are not available electronically.) (Court Reporter Pamela Andasola.)(jv2) Related: [-]
Wednesday, February 19, 2020
15		15 1 pgs order Order on Motion to Appear Pro Hac Vice Wed 02/19 9:33 AM ORDER GRANTING14 Motion to Appear Pro Hac Vice for Jacob P. Arechiga on behalf of Petitioner. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Robert Pitman. (jv2) Related: [-]
Tuesday, February 18, 2020
14		14 motion Appear Pro Hac Vice Tue 02/18 3:21 PM MOTION to Appear Pro Hac Vice by Tracy L. McCreight ( Filing fee $ 100 receipt number 0542-13221963) by on behalf of Rene Esquivel Gallegos.(McCreight, Tracy) Related: [-]
		Att: 1 Proposed Order Proposed Order
Friday, February 14, 2020
13		13 service Acknowledgment of Service Fri 02/14 9:26 AM Acknowledgment of Service returned by Rene Esquivel Gallegos. Petitioner's Emergency Motion for Expedited Discovery, Order, Request for Production and Deposition Notice Served to Respondent on 2/7/2020 (McCreight, Tracy) Related: [-]
		order Order on Motion for Miscellaneous Relief Fri 02/14 10:32 AM Text Order GRANTING12 Motion for Witnesses to Appear by Telephone or Videoconference entered by Judge Robert Pitman. Petitioner and the witnesses in Mexico who he anticipates calling may appear by telephone or videoconference at the February 21, 2020, hearing (see Dkt. 6). (This is a text-only entry generated by the court. There is no document associated with this entry.) (sw) Related: [-]
Thursday, February 13, 2020
12		12 motion Miscellaneous Relief Thu 02/13 3:15 PM MOTION for Witnesses to Appear by Telephone or Videoconference by Rene Esquivel Gallegos.(McCreight, Tracy) Related: [-]
		Att: 1 Proposed Order
Thursday, February 06, 2020
11		11 3 pgs order Order on Motion to Expedite Fri 02/07 7:55 AM ORDER GRANTING10 Motion for Expedited Discovery. Signed by Judge Robert Pitman. (dm) Related: [-]
Wednesday, February 05, 2020
10		10 motion Expedite Wed 02/05 11:53 AM MOTION to Expedite Discovery in Anticipation of Consolidated Hearing for Preliminary Injunction and on the Merits by Rene Esquivel Gallegos.(McCreight, Tracy) Related: [-]
		Att: 1 Exhibit A,
		Att: 2 Exhibit B,
		Att: 3 Proposed Order
Tuesday, February 04, 2020
9		9 service Summons Returned Executed Tue 02/04 1:27 PM SUMMONS Returned Executed by Rene Esquivel Gallegos. Yulisa Itzel Garcia Soto served on 1/30/2020. (McCreight, Tracy) Related: [-]
Wednesday, January 29, 2020
8		8 service Summons Issued Wed 01/29 2:39 PM Summons Issued as to Yulisa Itzel Garcia Soto. (td) Related: [-]
7		7 service Request for Issuance of Summons Wed 01/29 2:24 PM REQUEST FOR ISSUANCE OF SUMMONS by Rene Esquivel Gallegos. (McCreight, Tracy) Related: [-]
6		6 2 pgs order Order ~Util - Set Hearings Wed 01/29 12:00 PM ORDER, Merits Hearing set for 2/21/2020 10:30 AM before Judge Robert Pitman. Signed by Judge Robert Pitman. (td) Related: [-]
Tuesday, January 28, 2020
5		5 cmp Complaint Wed 01/29 8:19 AM COMPLAINT, filed by Rene Esquivel Gallegos.(td) Related: [-]
		Att: 1 Sealed Document Exhibit A,
		Att: 2 Sealed Document Exhibit B,
		Att: 3 Exhibit C,
		Att: 4 Sealed Document D,
		Att: 5 Civil Cover Sheet
4		4 9 pgs order Order on Motion for TRO Order on Motion for Leave to Proceed In Forma Pauperis Order on Motion to Seal Wed 01/29 7:59 AM ORDER GRANTING3 Motion for TRO; GRANTING1 Motion for Leave to Proceed in forma pauperis; GRANTING2 Motion to Seal. Signed by Judge Robert Pitman. (td) Related: [-]
		utility Case No Longer Referred to Magistrate Judge Wed 01/29 8:13 AM CASE NO LONGER REFERRED to Magistrate Judge Andrew W. Austin. (td) Related: [-]
Monday, January 27, 2020
3		3 motion Temporary Restraining Order Mon 01/27 5:17 PM MOTION for Temporary Restraining Order by Rene Esquivel Gallegos.(cj) Related: [-]
		Att: 1 Attorney Certification for TRO,
		Att: 2 Proposed Order
2		2 motion Seal Mon 01/27 5:16 PM MOTION to Seal by Rene Esquivel Gallegos.(cj) Related: [-]
		Att: 1 Proposed Order
1		1 motion Proceed In Forma Pauperis Mon 01/27 4:36 PM MOTION to Proceed in forma pauperis and Financial Affidavit in Support by Rene Esquivel Gallegos.(McCreight, Tracy) (cj) Related: [-]
		Att: 1 13 pgs Verified Complaint,
		Att: 2 Sealed Document Exhibit A to Complaint,
		Att: 3 Sealed Document Exhibit B to Complaint,
		Att: 4 Exhibit C to Complaint,
		Att: 5 Sealed Document Exhibit D to Complaint,
		Att: 6 Motion to Seal,
		Att: 7 Proposed Order to Motion to Seal,
		Att: 8 Ex Parte Motion for TRO,
		Att: 9 Attorney Certification for TRO,
		Att: 10 Proposed Order for TRO
		Att: 11 (1/27/2020) Civil Cover Sheet
		utility Case Assigned/Reassigned Mon 01/27 5:27 PM Case assigned to Judge Robert Pitman. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (cj) Related: [-]
		utility Case Referred to Magistrate Judge Mon 01/27 5:28 PM CASE REFERRED to Magistrate Judge Andrew W. Austin.. Referral Judge: Andrew W. Austin. (cj) Related: [-]

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