Martinez Gonzalez v. Preston

Filing 23

JUDGMENT: It is the ORDER, JUDGMENT, and DECREE of the court that: (1) Judgment is entered in favor of petitioner Maria Magdalena Martinez Gonzalez and against respondent Thomas David Preston as further set out in the judgment. It is further ORDERED that respondent Preston and all persons acting in concert or participating with respondent Preston (including but not limited to his mother, Lurlie Cole Jennings) are still under all the provisions in the 19 Preliminary Injunction prohibiting them from removing his children from the area known as the "Valley," including Lanett, Alabama and surrounding towns. It is further ORDERED that petitioner Martinez is to recover attorneys fees and expenses from respondent Preston, and that she has until 6/17/2015, to file an appropriate motion for attorneys fees and expenses. It is further ORDERED that costs are taxed against respondent Preston, for which execution may issue. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to FRCP 58.This case is closed. Signed by Honorable Judge Myron H. Thompson on 5/20/2015. (Attachments: # 1 Civil Appeals Checklist)(dmn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION
MARÍA MAGDALENA MARTINEZ
GONZÁLEZ,
Petitioner,
v.
THOMAS DAVID PRESTON,
Respondent.

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CIVIL ACTION NO.
3:15cv282-MHT
(WO)

JUDGMENT
In accordance with the opinion entered this date,
it is the ORDER, JUDGMENT, and DECREE of the court
that:
(1) Judgment

is

entered

in

favor

of

petitioner

María Magdalena Martinez González and against
respondent Thomas David Preston.
(2) Petitioner Martinez’s and respondent Preston’s
two children are to be returned to petitioner
Martinez’s custody in Mexico, subject to the
independent determination by the Mexican courts
of all issues related to the custody of the two

children, including whether petitioner Martinez
should retain custody.
(3) The court will conduct supplemental proceedings
before determining how the two children are to
be expeditiously and safely returned to Mexico.
It is further ORDERED that respondent Preston and
all persons acting in concert or participating with
respondent Preston (including but not limited to his
mother, Lurlie Cole Jennings) are still under all the
provisions in the preliminary injunction (doc. no. 19)
prohibiting them from removing his children from the
area known as the “Valley,” including Lanett, Alabama
and surrounding towns.
It is further ORDERED that petitioner Martinez is
to recover attorneys’ fees and expenses from respondent
Preston, and that she has until June 17, 2015, to file
an appropriate motion for attorneys’ fees and expenses.
It is further ORDERED that costs are taxed against
respondent

Preston,

for

which
2

execution

may

issue.

The clerk of the court is DIRECTED to enter this
document

on

the

civil

pursuant

to

Rule

58

of

docket
the

as

a

Federal

final
Rules

judgment
of

Procedure.
This case is closed.
DONE, this the 20th day of May, 2015.
/s/ Myron H. Thompson____
UNITED STATES DISTRICT JUDGE

Civil