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08-2613 - Aguirre v. Calle


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08-2613 - Aguirre v. Calle
September 9, 2008
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REPORT AND RECOMMENDATIONS re 1 Complaint, respectfully recommending that judgment be entered in favor of petitioner and that an order be entered directing the prompt return of Carolina Gutierrez Aguirre to her habitual residence, Colombia, pursuant to Article 12 of the Hague Convention and 42 U.S.C. § 11601(a)(4). In addition, I respectfully recommend that judgment be entered against respondent for petitioners attorneys fees and costs, pursuant to Article 26 of the Hague Convention and 42 U.S.C. § 11607, in an amount to be determined at an inquest. Objections to R&R due by 9/23/2008. Ordered by Chief Magistrate Steven M. Gold on 9/9/2008. (O'Connor, Erin)
October 3, 2008
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MEMORANDUM AND ORDER: The court adopts and affirms the Report in its entirety. Respondent Milton Espinoza Calle is hereby ordered immediately to return his daughter, Caroline Gutierrez Aguirre, to her habitual residence in Colombia and into the custody of her mother, Petitioner Claudia Gutierrez Aguirre. This matter will be referred back to Magistrate Judge Gold for an inquest with respect to the amount of attorney's fees and costs for which Respondent will be responsible. Ordered by Senior Judge Sterling Johnson, Jr on September 30, 2008. (Rocco, Christine)