FERNANDEZ TIBURCIO v. TAVERAS GARCIA

New Jersey District Court
Judge:	Michael E Farbiarz
Referred:	Cathy L Waldor
Case #:	2:25-cv-03802
Nature of Suit	890 Other Statutes - Other Statutory Actions
Cause	28:1331 Fed. Question

Case Filed:

May 05, 2025

Docket
Parties (2)

Last checked: Monday May 05, 2025 10:05 AM EDT

Petitioner EDWARD EMILIO FERNANDEZ TIBURCIO
Respondent YAMELYN MARGARITA TAVERAS GARCIA

Docket last updated: 4 hours ago

Thursday, May 08, 2025
12		12 misc Letter: re USM 285 Thu 05/08 12:53 PM Letter: re USM-285 Form. Refer to the[LINK:USM Forms Page] for the USM-285 Form and a sample USM-285 Form. (sm) Related: [-]
11		11 2 pgs order Order on Motion to Show Cause Thu 05/08 12:49 PM ORDER granting5 Motion for Order to Show Cause that that Respondent, Yamelyn Margarita Taveras Garcia is prohibited from removing the minor children, E.M.F.T., age 9 and L.M.F.T., age 8 or causing the minor children to be removed from the jurisdiction of this Court, pending final disposition of the above-referenced Verified Petition for Return; that the Respondent shall appear before this Court on the 21st day of May, 2025, at 10:30am in Courtroom 4 of the United States District Court, District of New Jersey, Newark Division, 50 Walnut Street, Newark, New Jersey 07102, with the minor children. The initial appearance shall be considered an initial show-cause hearing and schedulinghearing, so that a date may be set for an expedited evidentiary hearing on the merits of the Verified Petition for Return. The Respondent may appear with or without counsel; that a copy of this Order, and a copy of the Verified Petition for Return, together with all attachments and all other filings, shall be served on or before the 14th day of May, 2025, upon the Respondent, by the United States Marshal; that the Respondent shall surrender her passports and the minor children's passports and travel documents to the United States Marshal immediately upon service to be held for safe-keeping by this Court; that Petitioner may testify by alternative means, i.e., Microsoft Teams, Skype, Zoom,telephone, video or other contemporaneous means from the Dominican Republic in any evidentiary hearing including the final hearing to avoid the costs of his travel to the United States; and non-local counsel for the Petitioner may also appear by alternative means; this ex parte order is necessary to mitigate the risk of irreparable injury that would result if the children were removed from the Court's jurisdiction. The order will expire at noon on May 22, 2025, unless the Court orders otherwise. See Federal Rule of Civil Procedure 65(b). Signed by Judge Michael E. Farbiarz on 5/8/2025. (sm) Related: [-]
		utility Set/Reset Hearings Thu 05/08 12:56 PM Set Hearings: Show Cause Hearing set for 5/21/2025 at 10:30 PM in Newark - Courtroom 4 before Judge Michael E. Farbiarz. (sm) Related: [-]
Tuesday, May 06, 2025
10		10 misc Letter Tue 05/06 4:36 PM Letter from Ari H. Gourvitz re 8 Order,,. (GOURVITZ, ARI) Related: [-]
9		9 service Summons Issued Tue 05/06 4:27 PM SUMMONS ISSUED as to YAMELYN MARGARITA TAVERAS GARCIA. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (mj) Related: [-]
8		8 order Order Tue 05/06 2:21 PM TEXT ORDER: The Petitioner seeks relief from this Court. But the Respondent has not been served, and the Petitioner has not explained why he is entitled to ex parte relief. See, e.g., Rodriguez Colistro v. Valverde Guerra, 2024 WL 5454613 (E.D. Va. Sept. 13, 2024). If the Petitioner wishes to seek ex parte relief in the form of a temporary restraining order, he shall file an application by 5pm on May 7. Otherwise, he shall promptly serve the Respondent, and the Court will proceed accordingly.. So Ordered by Judge Michael E. Farbiarz on 5/6/2025. (ro, ) Related: [-]
		utility Set/Reset Motion and R&R Deadlines/Hearings Tue 05/06 4:28 PM Set Deadlines as to5 MOTION for Order to Show Cause . Motion set for 6/2/2025 before Judge Michael E. Farbiarz. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mj) Related: [-]
Monday, May 05, 2025
7		7 respoth Brief Mon 05/05 11:37 AM BRIEF Memorandum of Law in Support of Petition and Order to Show Cause (GOURVITZ, ARI) Related: [-]
6		6 service Summons - Request for Issue Mon 05/05 11:33 AM Request for Summons to be Issued by EDWARD EMILIO FERNANDEZ TIBURCIO as to YAMELYN MARGARITA TAVERAS GARCIA. (GOURVITZ, ARI) Related: [-]
5		5 motion Show Cause Mon 05/05 11:32 AM MOTION for Order to Show Cause by EDWARD EMILIO FERNANDEZ TIBURCIO.(GOURVITZ, ARI) Related: [-]
		Att: 1 Text of Proposed Order Proposed Show Cause Order
4		4 notice Notice of Appearance Mon 05/05 11:30 AM NOTICE of Appearance by ELLIOT H. GOURVITZ on behalf of EDWARD EMILIO FERNANDEZ TIBURCIO (GOURVITZ, ELLIOT) Related: [-]
3		3 notice Notice of Appearance Mon 05/05 11:28 AM NOTICE of Appearance by ARI HIRSCH GOURVITZ on behalf of EDWARD EMILIO FERNANDEZ TIBURCIO (GOURVITZ, ARI) Related: [-]
2		2 misc Corporate Disclosure Statement (aty) Mon 05/05 11:27 AM Corporate Disclosure Statement by EDWARD EMILIO FERNANDEZ TIBURCIO. (GOURVITZ, ARI) Related: [-]
1		1 cmp Complaint Mon 05/05 11:24 AM COMPLAINT against EDWARD EMILIO FERNANDEZ TIBURCIO ( Filing and Admin fee $ 405 receipt number ANJDC-16227047), filed by EDWARD EMILIO FERNANDEZ TIBURCIO.(GOURVITZ, ARI) Related: [-]
		Att: 1 Exhibit A-Dr. Sushma Invoice,
		Att: 2 Exhibit B-EMFT Birth Cert,
		Att: 3 Exhibit C-LMFT Birth Cert.,
		Att: 4 Exhibit D-Dominican Republic School Records for Both Children,
		Att: 5 Exhibit E-Travel Authorization,
		Att: 6 Exhibit F-Request for Return Filed in Dominican Republic,
		Att: 7 Exhibit G-Custody Law in Dominican Republic,
		Att: 8 Exhibit H-Declaration of Foreign Law,
		Att: 9 Exhibit I-State Department Request for Voluntary Return,
		Att: 10 Exhibit J-Whatsapp Messages between Petitioner and Respondent,
		Att: 11 Exhibit K-Copies of Return Ticket for Children Aug. 5, 2024,
		Att: 12 Civil Cover Sheet Civ. Cov. Sheet
		utility Case Assigned/Reassigned Mon 05/05 12:05 PM Case assigned to Judge Michael E. Farbiarz and Magistrate Judge Cathy L. Waldor. (jr) Related: [-]

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