Barron v. Kendall

California Southern District Court
Judge:Anthony J Battaglia
Referred: Karen S Crawford
Case #: 3:20-cv-00648
Nature of Suit890 Other Statutes - Other Statutory Actions
Cause42:11601 International Child Abduction Remedies Act
Case Filed:Apr 02, 2020
Terminated:May 18, 2020
Last checked: Tuesday Sep 29, 2020 3:06 AM PDT
Petitioner
Pamela Delgado Barron
Represented By
Justin Ross Prybutok
Antonyan Miranda
contact info
Respondent
Matthew D. Kendall
Represented By
Christina M. Marine
Law Offices Of Christina M. Marine
contact info

GPO Apr 28 2020
ORDER Denying Without Prejudice Petitioner's Ex Parte Motion to Stay State Court Proceedings, and Motion to Vacate State Court Order (Doc. No. 9). Petitioner's ex parte motions to stay and to vacate the state court order are denied without prejudice. As further guidance, the expedited telephonic hearing on 5/6/2020 will address the issues in the submitted briefing regarding the Petition and order to show cause, and particularly the issue of abstention. If determined to be necessary, the Court may schedule a further evidentiary hearing. The Court will provide the dial information to counsel in advance of the hearing. Signed by Judge Anthony J. Battaglia on 4/28/2020. (jrm)
GPO May 18 2020
Petition, particularly, Petitioner's request to vacate the state court's order is also denied as moot. Signed by Judge Anthony J. Battaglia on 5/18/2020.(jrm)ORDER DISMISSING Petitioner's Petition for the Return of the Child (Doc. No. 1). The Court vacates the Court's prior order to show cause, abstains from ruling on the Petition, and dismisses the Petition. All other relief requested in the

Docket last updated: 2 hours ago
Monday, May 18, 2020
22 22 13 pgs order Order Dismissing Case Mon 05/18 3:47 PM
ORDER DISMISSING Petitioner's Petition for the Return of the Child (Doc. No.1 ). The Court vacates the Court's prior order to show cause, abstains from ruling on the Petition, and dismisses the Petition. All other relief requested in the Petition, particularly, Petitioner's request to vacate the state court's order is also denied as moot. Signed by Judge Anthony J. Battaglia on 5/18/2020.(jrm)
Related: [-]
Wednesday, May 06, 2020
21 21 minutes Show Cause Hearing Wed 05/06 3:11 PM
Minute Entry for proceedings held before Judge Anthony J. Battaglia: Telephonic, attorneys-only Order to Show Cause Hearing held on 5/6/2020. Matter taken under submission. Order to follow. (Court Reporter/ECR Jeannette Hill). (Justin Brybutok for Petitioner / Christina Marine for Respondent).(no document attached) (lrf)
Related: [-]
Tuesday, May 05, 2020
20 20 order Order Tue 05/05 10:09 AM
ORDER BY JUDGE BATTAGLIA: The parties are notified to call 888-273-3658 for the telephonic OSC hearing on 5/6/2020 at 2:00 p.m. The access code once they call in is 5050565#(All non-registered users served via U.S. Mail Service)(no document attached) (sc)
Related: [-]
Wednesday, April 29, 2020
19 19 2 pgs order Order on Motion to Continue Order on Motion for Extension of Time to Answer Wed 04/29 1:24 PM
Order on Respondent's Ex Parte Motion for an Extension of Time (Doc. No.16 ). the Court GRANTS IN PART Respondents ex parte application to the extent it requests a postponement of any further briefing on the Petition until after the 5/6/2020 hearing. The expedited telephonic hearing on 5/6/2020 will address the issues currently submitted in briefing regarding the Petition and order to show cause, and particularly the issue of abstention. If determined to be necessary, the Court may schedule a further evidentiary hearing, and may order additional briefing. Signed by Judge Anthony J. Battaglia on 4/29/2020. (jrm)
Related: [-]
Tuesday, April 28, 2020
18 18 respm Response in Opposition to Motion Tue 04/28 4:18 PM
RESPONSE in Opposition re16 MOTION to Continue Ex Parte MOTION for Extension of Time to File Answer Summons and Verified Petition filed by Pamela Delgado Barron.(Prybutok, Justin)
Related: [-]
Att: 1 Declaration Declaration of Justin R. Prybutok
17 17 4 pgs order Order on Motion for Preliminary Injunction Order on Motion for Miscellaneous Relief Tue 04/28 3:47 PM
ORDER Denying Without Prejudice Petitioner's Ex Parte Motion to Stay State Court Proceedings, and Motion to Vacate State Court Order (Doc. No.9 ). Petitioner's ex parte motions to stay and to vacate the state court order are denied without prejudice. As further guidance, the expedited telephonic hearing on 5/6/2020 will address the issues in the submitted briefing regarding the Petition and order to show cause, and particularly the issue of abstention. If determined to be necessary, the Court may schedule a further evidentiary hearing. The Court will provide the dial information to counsel in advance of the hearing. Signed by Judge Anthony J. Battaglia on 4/28/2020. (jrm)
Related: [-]
16 16 motion Continue Extension of Time to File Answer Tue 04/28 2:34 PM
MOTION to Continue , Ex Parte MOTION for Extension of Time to File Answer Summons and Verified Petition by Matthew D. Kendall. (Marine, Christina)Attorney Christina M. Marine added to party Matthew D. Kendall(pty:res)
Related: [-]
15 15 service Certificate of Service Tue 04/28 10:03 AM
CERTIFICATE OF SERVICE by Pamela Delgado Barron re14 Reply - Other,,, Reply, Declarations in Support of Reply, Notice of Lodgment, Request for Judicial Notice (Prybutok, Justin)
Related: [-]
Monday, April 27, 2020
14 14 respm Reply - Other Mon 04/27 12:43 PM
REPLY - Other re1 Petition,13 Response in Opposition to Motion, Reply to Response to Court's April 13, 2020 Order to Show Cause Under the Hauge Convention for the Scheduling of an Expedited Hearing filed by Pamela Delgado Barron.(Prybutok, Justin)
Related: [-]
Att: 1 Declaration Declaration of Pamela Delgado Barron,
Att: 2 Declaration Declaration of Justin R. Prybutok,
Att: 3 Declaration Declaration of Elizabeth Carazolez,
Att: 4 Request for Judicial Notice Request for Judicial Notice of Baja California Mexico Civil Code Articulo 410 and 411,
Att: 5 Notice Notice of Lodgment,
Att: 6 Exhibit Exhibit L,
Att: 7 Exhibit Exhibit M to Q,
Att: 8 Exhibit Exhibit R,
Att: 9 Exhibit Exhibit S to T,
Att: 10 Exhibit Exhibit U,
Att: 11 Exhibit Exhibit V to Z
Thursday, April 23, 2020
13 13 respm Response in Opposition to Motion Thu 04/23 6:33 PM
RESPONSE in Opposition re9 Ex Parte MOTION for Preliminary Injunction Ex Parte MOTION Ex Parte Application to Enjoin State Court Proceeding as it pertains to Hague Issues & to Vacate State Court Custody Determination filed by Matthew D. Kendall.(Marine, Christina)
Related: [-]
Att: 1 Memo of Points and Authorities,
Att: 2 Proof of Service
12 12 order Notice and Order of Document Discrepancies Thu 04/23 11:21 AM
Notice of Document Discrepancies and Order Thereon by Judge Anthony J. Battaglia Accepting re11 Supplemental Document,, from Petitioner Pamela Delgado Barron. Non-compliance with local rule(s), FRCvP 15(d) - Supplemental documents require court order.. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record. Signed by the Chambers of Judge Anthony J. Battaglia.(jrm) Modified docket text; NEF regenerated on 4/23/2020 (jrm)
Related: [-]
Wednesday, April 22, 2020
11 11 misc Supplemental Document Wed 04/22 4:11 PM
SUPPLEMENTAL DOCUMENT by Pamela Delgado Barron re9 Ex Parte MOTION for Preliminary Injunction Ex Parte MOTION Ex Parte Application to Enjoin State Court Proceeding as it pertains to Hague Issues & to Vacate State Court Custody Determination (April 22, 2020 San Diego Superior Court Order) . (Prybutok, Justin)
Related: [-]
Tuesday, April 21, 2020
10 10 service Certificate of Service Tue 04/21 3:28 PM
CERTIFICATE OF SERVICE by Pamela Delgado Barron re9 Ex Parte MOTION for Preliminary Injunction Ex Parte MOTION Ex Parte Application to Enjoin State Court Proceeding as it pertains to Hague Issues & to Vacate State Court Custody Determination (Prybutok, Justin)
Related: [-]
9 9 motion Preliminary Injunction Miscellaneous Relief Tue 04/21 3:05 PM
Ex Parte MOTION for Preliminary Injunction , Ex Parte MOTION Ex Parte Application to Enjoin State Court Proceeding as it pertains to Hague Issues & to Vacate State Court Custody Determination by Pamela Delgado Barron.(Prybutok, Justin)
Related: [-]
Att: 1 Declaration Declaration of Justin Prybutok,
Att: 2 Declaration Declaration of Catherine Cos-Y-Leon,
Att: 3 Exhibit Exhibit A,
Att: 4 Notice Notice of Lodgment,
Att: 5 Memo of Points and Authorities Ex Parte Points and Authorities
8 8 service Certificate of Service Tue 04/21 12:20 PM
CERTIFICATE OF SERVICE by Pamela Delgado Barron Personal Service (Prybutok, Justin)
Related: [-]
Wednesday, April 15, 2020
7 7 service Certificate of Service Wed 04/15 1:15 PM
CERTIFICATE OF SERVICE by Pamela Delgado Barron re6 Order to Show Cause, Conformed Proof of Service of Summons and Complaint (Prybutok, Justin)
Related: [-]
Monday, April 13, 2020
6 6 7 pgs order Order to Show Cause Tue 04/14 11:52 AM
ORDER on Petitioner's Order to Show Cause Under the Hague Convention for teh Schedulign of an Expedited Hearing (Doc. No.3 ). Respondent is ordered to file a response to this Order, not exceeding 25 pages in length, showing cause by 4/23/2020. Petitioner may file a reply, not exceeding 10 pages in length, by 4/27/2020. The Court will hold an expedited hearing to address the Petition on 5/6/2020 at 2:00 pm. Signed by Judge Anthony J. Battaglia on 4/13/2020.(jrm)
Related: [-]
Wednesday, April 08, 2020
5 5 service Summons Returned Executed Wed 04/08 8:10 AM
SUMMONS Returned Executed by Pamela Delgado Barron. Matthew D. Kendall served. (Prybutok, Justin) (jrm)
Related: [-]
Monday, April 06, 2020
4 4 order Order of Judge Transfer Mon 04/06 3:32 PM
MINUTE ORDER OF RECUSAL. Judge M. James Lorenz is no longer assigned. Case randomly reassigned to Judge Anthony J. Battaglia for all further proceedings. The new case number is 20cv648 AJB (KSC).(no document attached) (jcj)
Related: [-]
Friday, April 03, 2020
3 3 4 pgs misc Memorandum of Facts and Contention and Law Fri 04/03 11:48 AM
MEMORANDUM OF FACTS AND CONTENTIONS OF LAW by Pamela Delgado Barron. (Prybutok, Justin)
Related: [-]
2 2 service Summons Issued Fri 04/03 10:51 AM
Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (jxv)(jrd)
Related: [-]
Thursday, April 02, 2020
1 1 cmp Petition Fri 04/03 10:44 AM
PETITION FOR RETURN OF CHILD Against Matthew D. Kendall (Filing fee $400.00 receipt number ACASDC-13701346.), filed by Pamela Delgado Barron. The new case number is 3:20-cv-648-L-KSC. Judge M. James Lorenz and Magistrate Judge Karen S. Crawford are assigned to the case. (Prybutok, Justin)(jxv)(jrd)
Related: [-]
Att: 1 Civil Cover Sheet,
Att: 2 Exhibit