Smith v. Smith

Filing 7

ORDER. NOW THEREFORE IT IS HEREBY ORDERED, that defendant's counsel, when retained, shall immediately file a Notice of Appearance and contact opposing counsel and the Courts Law Clerk. IT IS FURTHER ORDERED, that a Bench Trial shall be held before the Court sitting without a jury on 1/29/2018, at 9:00 a.m. in the Federal Courthouse in Boise Idaho. 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 (st)

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 reached in Court on December 14, 2017 between the
parties,
NOW THEREFORE IT IS HEREBY ORDERED, that defendant’s counsel, when
retained, shall immediately file a Notice of Appearance and contact opposing counsel and
the Court’s Law Clerk (Dave Metcalf at [e-mail]) to set up a
telephone conference to discuss a briefing schedule in preparation for the Bench Trial
scheduled below.
IT IS FURTHER ORDERED, that a Bench Trial shall be held before the Court
sitting without a jury on January 29, 2018, at 9:00 a.m. in the Federal Courthouse in
Boise Idaho, to resolve the allegations made in the complaint filed by plaintiff. The
Court will give each side 1 hour and 20 minutes to put on their case.
IT IS FURTHER ORDERED, the terms of the temporary restraining order (docket
no. 4) are converted into a preliminary injunction and shall remain in full force and effect
Order – page 1

until the Court renders a decision on the merits of this case following the Bench Trial on
January 29, 2018.
IT IS FURTHER ORDERED, that the defendant continues to be enjoined from
removing the minor child, D.M.S., from the jurisdiction of this Court – that is, from
Idaho – pending a resolution by the Court of the issues to be tried in the Bench Trial on
January 29, 2018. Violation of this order could subject the defendant to penalties
including contempt of court.

DATED: December 14, 2017

_________________________
B. Lynn Winmill
Chief Judge
United States District Court

Order – page 2