Espinosa-Cisneros v. Solis-Lopez
Filing
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ORDER SETTING CASE-MANAGEMENT CONFERENCE. IT IS ORDERED that a case-management conference is set for Tuesday, 03/15/2016, at 9:00 a.m. in Courtroom 3C, before Magistrate Judge Carl W. Hoffman. IT IS FURTHER ORDERED that Respondents Marianela Sol is Lopez, Leopoldo Gaona, and Norma Gaona must attend the case-management conference in person and may also have an attorney appear with them. If Respondents are unable to obtain private counsel, Respondents may wish to contact an organization such a s the Legal Aid Center of Southern Nevada or the State Bar of Nevada Lawyer Referral and Information Service. IT IS FURTHER ORDERED that Petitioner Luis Raul Espinsoa Cisneros must serve a copy of this Order on Respondents Marianela Solis Lopez, Leopoldo Gaona, and Norma Gaona and file proof of that service by 03/09/2016. Signed by Magistrate Judge Carl W. Hoffman on 02/25/2016. (Copies have been distributed pursuant to the NEF - NEV)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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LUIS RAUL ESPINOSA CISNEROS,
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Petitioner,
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vs.
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MARIANELA SOLIS LOPEZ, et al.
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Respondents.
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__________________________________________)
Case No. 2:16-cv-00057-GMN-CWH
ORDER SETTING
CASE-MANAGEMENT
CONFERENCE
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Presently before the Court is Petitioner Luis Raul Espinsoa Cisneros’s Notice of Petition
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Under Hague Convention (ECF No. 10), filed on February 22, 2016. Also before the Court is
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Petitioner’s Motion for Warrant in Lieu of Writ of Habeas Corpus (ECF No. 11), filed on February
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22, 2016.
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In this case, Petitioner seeks the return of his two minor children to Mexico under the 1980
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Hague Convention on Civil Aspects of International Child Abduction (“Hague Convention”).
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The Court understands Petitioner’s Notice of Petition Under the Hague Convention to be a request
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that the Court schedule a case-management conference. Given that Hague Convention cases for the
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return of minor children must be handled on an expedited basis, the Court will set a case-
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management conference for Tuesday, March 15, 2016, at 9:00 a.m. At the case-management
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conference, the parties should be prepared to discuss the following topics:
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the children’s current location and living situation;
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whether a discovery plan should be adopted;
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the substantive issues likely to be raised at trial;
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how the parties intend to present evidence (e.g., by telephone, declaration or
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affidavits, or live testimony); and
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whether this case would be appropriate for mediation.
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Petitioner’s Motion for Warrant in Lieu of Writ of Habeas Corpus is a request for an order
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directing law enforcement officers to physically secure the minor children and bring them before
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the Court. Respondents’ deadlines to answer or otherwise respond to the petition have not yet
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passed, Respondents have not otherwise appeared in this case, and Petitioner has not provided the
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Court with the children’s address. The Court therefore will defer action on this motion at this time
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and will entertain argument on the motion at the case-management conference on March 15, 2016.
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IT IS THEREFORE ORDERED that a case-management conference is set for Tuesday,
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March 15, 2016, at 9:00 a.m. in Courtroom 3C, Lloyd D. George United States Courthouse, 333
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Las Vegas Boulevard South, Las Vegas, Nevada.
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IT IS FURTHER ORDERED that Respondents Marianela Solis Lopez, Leopoldo Gaona,
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and Norma Gaona must attend the case-management conference in person and may also have an
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attorney appear with them. If Respondents are unable to obtain private counsel, Respondents may
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wish to contact an organization such as the Legal Aid Center of Southern Nevada or the State Bar
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of Nevada Lawyer Referral and Information Service.
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IT IS FURTHER ORDERED that Petitioner Luis Raul Espinsoa Cisneros must serve a copy
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of this Order on Respondents Marianela Solis Lopez, Leopoldo Gaona, and Norma Gaona and file
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proof of that service by March 9, 2016.
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DATED: February 25, 2016.
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______________________________________
C.W. Hoffman, Jr.
United States Magistrate Judge
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