In the Matter of Y.S. and N. S. et al v. Sarhan

Filing 24

SUPPLEMENTAL ORDER RE: PRELIMINARY INJUNCTION: Pursuant to a telephone conference with all parties held on the record this day before the undersigned and Magistrate Judge Steven Gold, and on consent of all parties, the Court hereby ORDERS as follows: This Courts Preliminary Injunction Order at Docket No. 20, a copy of which is attached hereto, does not impede the authority of the New York State Family Court from making determinations of temporary physical custody of the children during the pendency of the Hague Convention proceedings. Ordered by Judge Roslynn R. Mauskopf on 11/3/2016. (Mauskopf, Roslynn)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
In the Matter of Y.S. and N.S., minors under
the age of 16,
MARIA TERESA BARRERA ACOSTA and
HERIBERTO BARRERA,
Petitioners,

Case No. 16-cv-5817
SUPPLEMENTAL ORDER RE:
PRELIMINARY INJUNCTION

vs.
SAMY MOHAMED SARHAN,
Respondent.

Pursuant to a telephone conference with all parties held on the record this day before the
undersigned and Magistrate Judge Steven Gold, and on consent of all parties, the Court hereby
ORDERS as follows:
This Court’s Preliminary Injunction Order at Docket No. 20, a copy of which is attached
hereto, does not impede the authority of the New York State Family Court from making
determinations of temporary physical custody of the children during the pendency of the Hague
Convention proceedings.

SO ORDERED.
Dated: Brooklyn, New York
November 3, 2016

Roslynn R. Mauskopf
_______________________________
ROSLYNN R. MAUSKOPF
United States District Judge

Case 1:16-cv-05817-RRM-SMG Document 20 Filed 11/01/16 Page 1 of 2 PageID #: 466

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

In the Matter of Y.S. and N.S., minors under
the age of 16,
MARIA TERESA BARRERA ACOSTA and
HERIBERTO BARRERA,

Case No. 16-cv-5817

Pltt - -- ~
[P~ PRELIMINARY

Petitioners,

INJUNCTION

vs.
SAMY MOHAMED SARHAN,
Respondent.

Upon the consent of all parties on the record at a Show Cause hearing on October 27,
2016, the parties now jointly submit the following proposed Order to the Court.
Without prejudice to any party making an application to this Court during the pendency
of this litigation seeking relief or modification of the restraints imposed below, the following
PRELIMINARY INJUNCTNE RELIEF IS HEREBY ORDERED:
a) Pending a hearing on the merits of the Verified Petition, neither the Petitioners nor
the Respondent, or any person acting at the request or direction of the Petitioners or
the Respondent shall take any action to remove the Children (defined in the Verified
Petition) from the vicinity of New York City;
b) The Respondent shall surrender into the custody of this Court any of the
Respondent's travel documents (including passports and visas) that are not in the
custody of a state or federal government entity, pending a determination on the merits
of the Verified Petition;

1

Case 1:16-cv-05817-RRM-SMG Document 20 Filed 11/01/16 Page 2 of 2 PageID #: 467

c) The Respondent shall surrender into the custody of this Court any of the Children's
travel documents (including passports and visas) that are not in the custody of
Petitioners or a state or federal government entity, pending a determination on the
merits of the Verified Petition;
d) Neither the Petitioners nor the Respondent, or any person acting at the request or
direction of the Petitioners or the Respondent shall apply for, renew, and/or otherwise
obtain passports, visas and any other immigration and/or travel documents for the
Children from the United States, Egypt, Mexico, or any other Country, pending a
determination on the merits of the Verified Petition; and
e) No court in the State of New York or any other State or territory in the United States
shall make a final determination regarding the custody of the Children, pending a
determination on the merits of the Verified Petition, as provided by Article 16 of the
Hague Convention.

SO ORDERED:
DATED: Al~.

I

'2016

s/Roslynn R. Mauskopf
The Honorable Roslynn R. Mauskopf
United States District Judge

2