Delgado Moreno v. Hernandez Escamilla
| Illinois Northern District Court | |
| Judge: | Thomas M Durkin |
| Case #: | 1:23-cv-15736 |
| Nature of Suit | 890 Other Statutes - Other Statutory Actions |
| Cause | 02:431 Fed. Election Commission: Failure Enforce Compliance |
| Case Filed: | Nov 07, 2023 |
| Case in other court: | Missouri Western, 4:23-cv-00245 |
| Last checked: Sunday May 05, 2024 6:14 AM CDT |
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Counter Claimant
Itzel Viridiana Hernandez Escamilla
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Represented By
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Counter Defendant
Itzel Viridiana Hernandez Escamilla
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Represented By
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Defendant
Itzel Viridiana Hernandez Escamilla
3410 East 59th Street
Kansas City, MO 64130 |
Represented By
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Plaintiff
Rogelio Delgado Moreno
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Represented By
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| Docket last updated: 11/07/2023 4:44 PM CST |
| Tuesday, April 11, 2023 | ||
| 1 | 1
COMPLAINT Petition for Return of Children under Hague Convention and ICARA against Rogelio Delgado Moreno Rogelio Delgado Moreno. Filing fee $402, receipt number AMOWDC-8409222. Service due by 7/10/2023 unless otherwise directed by the court.(Breon, David) [Transferred from Missouri Western on 11/7/2023.]
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Att: 1
Supplement Memorandum of Law in Support of Petition for Return,
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Att: 2
Civil Cover Sheet,
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Att: 3
Exhibit A: Birth Certificates,
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Att: 4
Exhibit B: Marriage Certificate,
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Att: 5
Exhibit C: Family Code of Michoacan,
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Att: 6
Exhibit D: Incident and Psychology Report,
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Att: 7
Exhibit E: Order Granting Petitioner Sole Custody,
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Att: 8
Exhibit F: DHS Letter,
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Att: 9
Exhibit G: Abduction Route from Zitacuaro, Mexico to KCMO, USA,
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Att: 10
Exhibit H: Human Rights First Tracker,
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Att: 11
Exhibit I: Application under Hague Convention
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| Thursday, April 20, 2023 | ||
| 2 | 2
ORDER OF RECUSAL. The Clerk of Court is directed to randomly reassign this matter for all further proceedings. Signed on 4/20/23 by District Judge Howard F. Sachs. (Anderson, Christy) [Transferred from Missouri Western on 11/7/2023.]
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| 3 | 3 ORDER TRANSFERRING/REASSIGNING CASE. This case has randomly been reassigned to District Judge Stephen R. Bough for all further proceedings. District Judge Howard F. Sachs no longer assigned to case. Please make note of the new case number 23-00245 CV-W-SRB . Signed on 4/20/23 by Clerk of Court. This is a TEXT ONLY ENTRY. No document is attached. (Anderson, Christy) [Transferred from Missouri Western on 11/7/2023.] | |
| 4 | 4
ORDER for service. Signed on 4/20/2023 by District Judge Stephen R. Bough. (Richard, Tracey) [Transferred from Missouri Western on 11/7/2023.]
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| Tuesday, April 25, 2023 | ||
| 5 | 5 ***Remark A certified copy of order, completed Summons, USM 285 and a complete copy of charging documents hand delivered to USM for service per order of Court (doc.4) 4/20/2023. (Kern, Kendra) [Transferred from Missouri Western on 11/7/2023.] | |
| Thursday, July 06, 2023 | ||
| 6 | 6
Return of Service returned un-executed on 06/16/2023, as to Itzel Viridiana Hernandez Escamilla. Note on service form indicates Escamilla moved in September 2022 to 655 Superior Ave, Calumet City, IL 60409. (Woods, Gloria) [Transferred from Missouri Western on 11/7/2023.]
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| 7 | 7
Alias MOTION for order Service of Process at New Address re 5 Remark filed by David Michael Breon on behalf of Rogelio Delgado Moreno. Suggestions in opposition/response due by 7/20/2023 unless otherwise directed by the court. (Breon, David) [Transferred from Missouri Western on 11/7/2023.]
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| Wednesday, July 19, 2023 | ||
| 8 | 8
ORDER granting7 Motion for Alias Summons to Serve Respondent at New Address and Seize and Deposit Minor Childrens' Travel Documents Into Court. Signed on 7/19/2023 by District Judge Stephen R. Bough. (Houston, Kiambu) [Transferred from Missouri Western on 11/7/2023.]
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| Wednesday, September 20, 2023 | ||
| 9 | 9
First MOTION to compel U.S. Marshall's to Execute Order of July 19, 2023 filed by David Michael Breon on behalf of Rogelio Delgado Moreno. Suggestions in opposition/response due by 10/4/2023 unless otherwise directed by the court.(Breon, David) [Transferred from Missouri Western on 11/7/2023.]
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Att: 1
Exhibit 1: Email to IA at W.D. of Mo.,
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Att: 2
Exhibit 2: FedEx Tracking Code,
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Att: 3
Exhibit 3: Email to IA at N.D. of Ill.
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| 10 | 10
It is hereby ORDERED that the United States Marshal Service for the Northern District of Illinois are appointed to effect service of Petitioners Petition for Return of Children Under Hague Convention and ICARA (Doc. #1). Upon completion of service, Petitioner shall file a certificate of service. The Court shall set a hearing in this case after Respondent is served. Signed on 9/20/2023 by District Judge Stephen R. Bough. (Borneman, Sara) [Transferred from Missouri Western on 11/7/2023.]
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| Thursday, September 21, 2023 | ||
| 11 | 11 *Remark* The Clerk's Office per order of the Court dated 7/19/2023. The United States Marshal Service shall seize the three minor childrens, J.A.D.H. (born 2010), A.J.D.H (born 2013) and A.S.D.H. (born 2016), passports and travel documents. The documents hand delivered to the Clerk's Office 9/21/2023 will be maintained in the vault with a certified copy of order. (Kern, Kendra) [Transferred from Missouri Western on 11/7/2023.] | |
| 12 | 12
RETURN OF SERVICE of complaint executed by Rogelio Delgado Moreno. Itzel Viridiana Hernandez Escamilla served on 9/14/2023, answer due 10/5/2023. (Breon, David) [Transferred from Missouri Western on 11/7/2023.]
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| Friday, September 29, 2023 | ||
| 13 | 13 NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Evidentiary Hearing set for 11/2/2023 01:00 PM in Courtroom 7B, Kansas City (SRB) before District Judge Stephen R. Bough. (Borneman, Sara) [Transferred from Missouri Western on 11/7/2023.] | |
| Thursday, October 05, 2023 | ||
| 14 | 14
NOTICE of appearance by John C. Aisenbrey on behalf of Itzel Viridiana Hernandez Escamilla (Attorney John C. Aisenbrey added to party Itzel Viridiana Hernandez Escamilla(pty:dft))(Aisenbrey, John) [Transferred from Missouri Western on 11/7/2023.]
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| 15 | 15
MOTION to dismiss case or transfer venue filed by John C. Aisenbrey on behalf of Itzel Viridiana Hernandez Escamilla. Suggestions in opposition/response due by 10/19/2023 unless otherwise directed by the court. (Aisenbrey, John) [Transferred from Missouri Western on 11/7/2023.]
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| 16 | 16
SUGGESTIONS in support re15 MOTION to dismiss case or transfer venue to Northern District of Illinois filed by John C. Aisenbrey on behalf of Defendant Itzel Viridiana Hernandez Escamilla. (Aisenbrey, John) [Transferred from Missouri Western on 11/7/2023.]
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Att: 1
Exhibit A - Amended Affidavit
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| Thursday, October 19, 2023 | ||
| 17 | 17
SUGGESTIONS in opposition re15 MOTION to dismiss case or transfer venue Suggestions in Opposition to Respondent's Motion for Dismissal or Transfer filed by David Michael Breon on behalf of Plaintiff Rogelio Delgado Moreno. Reply suggestions due by 11/2/2023 unless otherwise directed by the court. (Breon, David) [Transferred from Missouri Western on 11/7/2023.]
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| Monday, October 30, 2023 | ||
| NOTICE OF HEARING CANCELLATION - The Evidentiary Hearing scheduled for 11/2/2023 01:00 PM has been cancelled. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy) [Transferred from Missouri Western on 11/7/2023.] | ||
| Tuesday, October 31, 2023 | ||
| 18 | 18
REPLY SUGGESTIONS to motion re15 MOTION to dismiss case or transfer venue to the Northern District of Illinois filed by John C. Aisenbrey on behalf of Defendant Itzel Viridiana Hernandez Escamilla. (Aisenbrey, John) [Transferred from Missouri Western on 11/7/2023.]
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| Wednesday, November 01, 2023 | ||
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ORDERED that Respondent Itzel Viridiana Hernandez Escamilla's Motion to Dismiss or Transfer Venue (Doc. #15) is GRANTED. It is further ORDERED that this case be transferred to the Northern District of Illinois..Signed on 10/31/23 by District Judge Stephen R. Bough. (Diefenbach, Tracy) [Transferred from Missouri Western on 11/7/2023.]
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| Tuesday, November 07, 2023 | ||
| 20 | 20
RECEIVED from Missouri Western; Case Number 4:23-cv-00245 (gcy)
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