O'Boyle Fitzsimons v. Fitzsimons

Filing 20

ORDER RESETTING CASE MANAGEMENT CONFERENCE: A Joint Case Management Statement due by 2/7/2013. Case Management Conference set for 2/14/2013 at 10:30 AM in Courtroom C, 15th Floor, San Francisco. Signed by Magistrate Judge Laurel Beeler on 12/18/2012. (ls, COURT STAFF) (Filed on 12/18/2012)

1
2
3
4

SCHAPIRO•THORN, INC.
Brent D. Seymour (SBN 148737)
1242 Market Street, 5th Floor
San Francisco, CA 94102
Attorneys for Respondent,
Kim Ann Fitzsimons

5
6
7

UNITED STATES DISTRICT COURT

8

NORTHERN DISTRICT OF CALIFORNIA

9
SITTING AS A TREATY TRIBUNAL UNDER
ARTICLE III SECTION 2 OF THE UNITED STATES CONSTITUTION
CONCURRENT JURISDICTION CONFERRED BY 42 U.S.C. 11601 ET SEQ.

10
11
12
13
14
15
16

NICHOLAS SEAN O’BOYLE FITZSIMONS

Case No. CV 12 3688 LB
JOINT STATUS CONFERENCE STATEMENT
AND REQUEST FOR CONTINUANCE:

Petitioner,

ORDER

vs.

Date: Dec. 20, 2012
Time: 9:30 a.m.
Court Room C, 15th Floor

KIM ANN FITZSIMONS,
Respondent.

17
18
19
20

The Convention on the Civil Aspects
of International Child Abduction,
done at the Hague on 25 Oct. 1980 [The Convention]
--------------International Child Abduction Remedies Act
42 U.S.C. 11601 et seq.

21
22

Respondent’s counsel and Petitioner’s counsel request that the status conference set for Dec. 20,

23

2012 at 9:30 a.m. be continued to a date at least 45 days hence. The purpose of the status conference

24

was to apprise the Court of the parties’ progress in having the parties’ stipulation and the Court’s order

25

registered in the U.K. court in Northern Ireland.

26
27

Joint Status Conference Statement and Request for Continuance

28

-1-

29

1

Respondent’s counsel requested an update from Respondent, but has not received any

2

communication from Respondent. It is unclear whether Respondent still has access to her U.S. email.

3
4
5
6

Petitioner’s counsel received information from Petitioner’s U.K. counsel that the order had been
submitted but that no action has yet been taken by the U.K. court.
For these reasons, counsel request additional time to allow for the orders to be registered and to
gather additional information required by this Court to dismiss the action.

7
8

Respectfully submitted,

9
10
11

Dated: Dec. 17, 2012

/s/
Richard Helzberg
Attorney for Petitioner, Nicholas Fitzsimons

Dated: Dec. 17, 2012

/s/
Brent D. Seymour
Attorneys for Respondent, Kim Ann Fitzsimons

12
13
14
15
16
17

25
26
27

Joint Status Conference Statement and Request for Continuance

28

-2-

29

ER

A

H

24

r

el Beele

FO

RT

23

aur
Judge L

LI

22

R NIA

S

21

VED
APPRO

NO

20

Case Management Conference reset to
February 14, 2013 at 10:30 a.m. A Joint
Case Management Conference Statement
due February 7, 2013.

S DISTRICT
TE
C
TA

RT
U
O

19

DATE: December 18, 2012

UNIT
ED

18

N

D IS T IC T
R

OF

C