Smith v. Smith

Filing 45

ORDER It is hereby ORDERED, that in reliance on the performance of the Parties' Joint Notice of Compliance and Stipulation Regarding Dkt. 42 (hereinafter "Stipulation") (docket no. 44 ), the hearing set for 3/5/18, at 1:00 p.m. is VACATED. It is further ORDERED, that the Stipulation is APPROVED. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
DAVID NEIL SMITH, Mundford, Norfolk,
England, United Kingdom,
Case No. 1:17-CV-489-BLW
Plaintiff-Petitioner,
ORDER
v.
VICKIE MICHELLE SMITH, Caldwell, Idaho,
United States of America,
Defendant-Respondent.

Pursuant to agreement of the parties, and the Court finding good cause,
NOW THEREFORE IT IS HEREBY ORDERED, that in reliance on the
performance of the Parties’ Joint Notice of Compliance and Stipulation Regarding Dkt.
42 (hereinafter “Stipulation”) (docket no. 44), the hearing set for March 5, 2018, at 1:00
p.m. is VACATED.
IT IS FURTHER ORDERED, that the Stipulation is APPROVED, and the
following terms contained in the Stipulation are set forth below as an ORDER of the
Court:
1. Ms. Vickie Michelle Smith will have custody of DMS from the end of the Court’s
status conference on March 2, 2018, until 8:30 a.m. on Saturday, March 10, 2018.
2. Ms. Smith will take all reasonable and necessary steps to ensure that DMS is brought
to the parking lot of the United States Federal Courthouse in Boise, Idaho at 8:30 a.m. on
Saturday, March 10, 2018, for the purposes of the return of DMS to the United Kingdom.

3. At that time, custody of DMS for purposes of the return will be transferred to the
Petitioner, Mr. David Neil Smith, who has agreed to travel to Boise, Idaho for purposes
of implementing the return of DMS and accompanying DMS for DMS’s travel to the
United Kingdom.
4. Counsel for Petitioner has retained the British and United States passports for DMS for
safekeeping. Counsel for Petitioner will bring those passports to the turnover of custody
for return purposes described here.
5. Following the transfer of custody for return purposes, Mr. Smith and DMS will then be
transported to the Boise Airport by counsel for the Petitioner in a vehicle provided by
Petitioner’s counsel.
6. From the Boise Airport, Mr. David Neil Smith and DMS will travel on United Airlines
on Flight 5285, departing at 9:40 a.m., to Denver, Colorado, where they will then travel
from Denver to London-Gatwick on Norwegian Airlines Flight 7172, departing at 2:30
p.m. They will be scheduled to arrive in London-Gatwick on March 11, 2018 at 6:30 a.m.
7. The parties agree that the plans and details of the return of DMS here constitute
compliance with the Court’s Order in Dkt. 42. Consistent with the Court’s Order in Dkt.
36, the parties shall file a joint notice with the Court once the custody transfer for return
purposes is complete and Mr. David Neil Smith and DMS have arrived in the United
Kingdom.

DATED: March 5, 2018

_________________________
B. Lynn Winmill
Chief U.S. District Court Judge