Ramos Hernandez v. Avila Montes et al

Filing 20

PRELIMINARY INJUNCTION - Signed by Chief Judge James C. Dever III on 1/22/2018. Sent to Nubia Avila Montes a/k/a Nubia Montes Avila and Fredy Leonel Barrios at 102 Sunrise Avenue Smithfield, North Carolina 27577 via US Mail. (Briggeman, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTil CAROLINA
WESTERN DIVISION
No. 5:18-CV-5-D
LORENZO RAMOS HERNANDEZ,
Petitioner,

v.
NUBIA AVILA MONTES, and
FREDY LEONEL BARRIOS,

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ORDER

Respondents. )
On January 22, 2018, the court held a preHminary injunction hearing in this action. As
discussed in open court and incorporated by reference, the court converts the temporary restraining
order of January 12, 2018, into a preliminary injunction. See [D.E. 16].
The court orders as follows:
(1 ). Nubia Avila Montes a/k/a Nubia Montes Avila and Fredy Leonel Barrios-or any other
acting on their behalf--are PROHIBITED from removing the Child, N.R.A., from the Eastern

Dis1rict ofNorth Carolina pending resolution of this action;
(2). Not later than 5:00p.m. on January 23, 2018, Nubia Avila Montes a/k/a Nubia Montes
Avila SHALL provide to the Clerk of Court of the Eastern District of North Carolina the birth
certificate that she possesses for the Child, N.R.A. The Clerk ofCourt will retain the birth certificate
for safekeeping until further order of this court.
(3). Respondents SHALL file a response to the Verified Expedited Petition, [D.E. 1], not
later than February 2, 2018;
(4). Once Resi>ondents have retained counsel, counsel SHALL file a notice of appearance.
The court anticipates holding a hearing on the merits of the Verified Expedited Petition during the
week of February 5, 2018; and

(S). Nubia Avila Montes a/k/a Nubia Montes SHALL permit Lorenzo Ramos Hernandez
(N.R.A.'s father) to speak via videoconference with N.R.A.

SO ORDERED. This l.t.day of January 2018.

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