Opinion
7:22-cv-07153-KMK
11-10-2022
Le-Mayne De-Niro Gayle Sawyers, Petitioner, v. Fitzroy Alexander Wellington and Deneese Wellington Respondents.
[PROPOSED] ORDER GRANTING PETITIONER'S EX PARTE T.R.O. MOTION
(HAGUE CONVENTION ACTION)
THE HONORABLE KENNETH M. KARAS, UNITED STATES DISTRICT COURT JUDGE
Before the Court is the Ex Parte Expedited Motion for a Temporary Restraining Order (ECF No. 3) filed by Petitioner Le-Mayne De-Niro Sawyers (‘‘Mother”) under Article 7(b) of the Hague Convention on the Civil Aspects of International Child Abduction (the “Hague Convention”) and the International Child Abduction Remedies Act (“ICARA”), 22 U.S.C. §§ 9001-9011. Having considered the record, the Court GRANTS Mother's Motion, as further explained below. The Court schedules the preliminary injunction hearing for [Redacted] at the United States Courthouse, [Redacted]
Analysis
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III. Rule 65(c) bond requirement
In exercising its discretion, the Court concludes that a bond is not required for the Temporary Restraining Order to be issued. “The amount of an injunction bond is within the sound discretion of the district court.” Transcon. Gas Pipe Line Co., 2018 WL 6367239, at *26 (quoting Carillon Imps., Ltd. v. Frank Pesce Int'l Grp. Ltd., 112 F.3d 1125, 1127 (11th Cir. 1997)). Mother is merely seeking a temporary order prohibiting Respondents from removing the Children from the jurisdiction, requiring Mother to relinquish the Children's travel documents to the custody of the Court, and requiring an expedited hearing. Mother is not seeking a permanent custody order, nor is she seeking to permanently limit Mother's ability to travel. Therefore, the Court declines to require Mother to post a bond.
IV. Expediting the Proceedings
[Redacted] Court finds that expedited proceedings are necessary and proper here. See Convention, arts. 2 and 11; 22 U.S.C. § 9001(a)(4). Therefore, the Court orders that Father and Father's Wife shall respond in writing to the Verified Petition by 11/19/22, ten days from the date of the hearing set forth above. See Fed.R.Civ.P. 16. [Redacted]
Order
For the reasons set forth above, it is ORDERED that Mother's Ex Parte Expedited Motion for Temporary Restraining Order (ECF No. 3) is GRANTED, as follows:
(a) Respondents Fitzroy Alexander Wellington and Deneese Wellington-or any others acting on their behalf-are PROHIBITED from removing the Child, J.J.W, from New York pending the preliminary injunction hearing scheduled below;
(b) A preliminary injunction hearing to determine whether this Temporary Restraining Order will be converted to a preliminary injunction under Rule 65 is scheduled for [Redacted], 2022, in Courtroom Number [Redacted] of the United States Courthouse, [Redacted] before the Honorable [Redacted]
(c) Fitzroy Alexander Wellington and Deneese Wellington are ORDERED to appear with the Child, J.J.W., at this hearing to show cause why they should not be prohibited from removing the Children from the jurisdiction until this litigation is concluded.
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(e) Father and Father's Wife shall respond in writing to the Verified Petition by 12/3/22, ten days from the date of the hearing set forth above.