Alvarez v. Magana Alvarez
MEMORANDUM AND ORDER Granting in Part 22 Motion for Extension of Time to File Document. Signed by Judge Marvin J. Garbis on 5/19/2017. (bas, Deputy Clerk)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
* CIVIL ACTION NO. MJG-17-1010
JOSE CARMEN MAGANA ALVAREZ
MEMORANDUM AND ORDER
The Court has before it Respondent’s
Motion for Extension
of Time to Designate Expert Witnesses and to File Disclosure of
Declaration of Foreign Law [ECF No. 22] and the materials
submitted relating thereto.
The Court finds that a hearing is
The Court appreciates the timing difficulties imposed on
all concerned by the Hague Convention’s Article 11 contemplation
of decisions within six weeks of case filing as well as the
circumstances of all counsel.
The Agreed Scheduling Order [ECF
No. 16] provides for pretrial submissions and the trial hearing
on May 30.1
By the instant motion, Respondent seeks an extension of the
agreed May 17 deadlines for designating expert witnesses and for
All date references herein are to the year 2017 unless
filing a disclosure of declaration of foreign law in accordance
with Article 14 of the Convention.
Respondent has not requested
a continuation of the trial date from May 30.
The Court finds it appropriate to provide Respondent’s
counsel some flexibility in regard to the pretrial deadlines
without prejudicing Petitioner or delaying the ultimate
disposition of the case.
Respondent’s Motion for Extension of Time to
Designate Expert Witnesses and to File Disclosure
of Declaration of Foreign Law [ECF No. 22] is
GRANTED IN PART.
Respondent may file the disclosure of declaration
of foreign law by the close of business (5:00
P.M.) on May 24, 2017, provided that an
untranslated version of the document is provided
to counsel for Petitioner by the close of
business (5:00 P.M.) on May 22.
Respondent may file a designation of expert
witness by the close of business (5:00 P.M.) on
Petitioner may, at or before the trial hearing,
request appropriate relief in response to the
extensions herein, for example in regard to any
rebuttal expert or continuance in part of the
trial hearing for further cross examination of
Respondent’s witnesses or presentation of
additional witnesses for the Petitioner.
SO ORDERED, this Friday, May 19, 2017.
Marvin J. Garbis
United States District Judge
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