Aly v. Aden
Filing
30
MEMORANDUM OPINION AND ORDER granting in part and denying in part petitioner's 17 Motion for an Expedited Hearing on the Merits, Request for Restraining Order, and Attorneys Fees and Costs (Written Opinion). Signed by Judge John R. Tunheim on October 5, 2012. (DML)
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
MOHAMED ALY SAAD ALY,
Petitioner,
v.
AMAL ADEN,
Civil No. 12-1960 (JRT/FLN)
ORDER ON PETITIONER’S
MOTION FOR EXPEDITED
HEARING ON THE MERITS AND
REQUEST FOR TEMPORARY
RESTRAINING ORDER
Respondent.
Nancy Zalusky Berg, WALLING, BERG & DEBELE, P.A., 121 South
Eighth Street, Suite 1100, Minneapolis, MN 55402, for petitioner.
Brian Scott Carter, David P. Swenson, Katherine K. Bruce, Laura E.
Nelson, and Andrea C. Yang, ROBINS, KAPLAN, MILLER & CIRESI
LLP, 800 LaSalle Avenue, Suite 2800, Minneapolis, MN 55402, for
respondent.
On August 10, 2012, petitioner Mohamed Aly Saad Aly brought a petition against
respondent Amal Aden pursuant to the Hague Convention on the Civil Aspects of
International Child Abduction, 19 I.L.M. 1501 (1980), and the International Child
Abduction Remedies Act, 42 U.S.C. §§ 11601 et seq., alleging that Aden wrongfully
removed their child to the United States. Aly Saad Aly contends that the child is a
habitual resident of Canada within the meaning of Article 3 of the Convention and
ultimately seeks relief from the Court directing the prompt return of the child to Canada.
At present, Aden and the child are residing in Minnesota. Currently before the Court is
Aly Saad Aly’s amended motion for an expedited hearing on the merits of the petition, a
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request for a temporary restraining order preventing Aden from removing the child from
Minnesota, and an award of attorneys’ fees and costs. In order to preserve the status quo
in anticipation of an expedited hearing on the merits of the petition, the Court will grant
the amended motion in part.
ORDER
Based on the foregoing, and all the files, records, and proceedings herein, IT IS
HEREBY ORDERED that Petitioner’s amended motion for an expedited hearing on the
merits, request for restraining order, and attorneys’ fees and costs [Docket No. 17] is
GRANTED in part and DENIED in part, as follows:
1.
Petitioner’s request for a restraining order is GRANTED as follows:
a.
Respondent shall immediately surrender all of her passports to her
attorneys at Robins, Kaplan, Miller & Ciresi, LLP;
b.
Respondent shall immediately surrender all of the child’s passports
to respondent’s attorneys at Robins, Kaplan, Miller & Ciresi, LLP;
c.
Respondent’s attorneys will retain the above described passports as
officers of the court, and will prevent Respondent or the child from accessing such
passports until further order of this Court; and
d.
Respondent is prohibited from removing or facilitating the removal
of the child from the jurisdiction of this Court.
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2.
Petitioner’s motion for an expedited hearing on the merits of the petition is
GRANTED pursuant to the following schedule:
a.
A hearing on the merits of the petition will be held November 13,
2012, at 9:30 a.m. in Courtroom 13E, United States Courthouse, 300 South Fourth
Street, Minneapolis, MN;
b.
Initial disclosures and identification of expert witnesses are due
October 19, 2012;
c.
Expert witness reports are due October 26, 2012; and
d.
Testifying non-expert witness and exhibit lists are due October 30,
2012.
3.
Petitioner’s motion is DENIED without prejudice in all other respects.
4.
Plaintiff is not required to provide security in seeking injunctive relief
pursuant to Rule 65(c) of the Federal Rules of Civil Procedure, because Defendant will
not be harmed by the issuance of the requested Injunction
DATED: October 5, 2012
at Minneapolis, Minnesota.
____s/
____
JOHN R. TUNHEIM
United States District Judge
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