Mene v. Sokola

Background

The case is described as a proceeding under the Hague Abduction Convention. The parties were preparing post-trial findings of fact and conclusions of law, with a filing deadline of December 4, 2023.

Petitioner Sebastien Mene’s counsel wrote that he had learned that a California conviction from 2011 had reportedly been vacated, the arrest warrant withdrawn, and the California case dismissed. Counsel stated that he had not yet confirmed those developments with formal documents. The letter also said that an attached proposed California order had been submitted by Mene’s California criminal counsel. The attached proposed order is captioned as concerning Sebastien Funez and would vacate a conviction, withdraw a guilty plea, and dismiss charges, but it is undated and bears no judicial signature in the text provided.

Request

Mene’s counsel said the California conviction had played a significant role in the respondent’s presentation of the serious-risk exception to return under the Hague Abduction Convention. On consent of opposing counsel, he asked the court to adjourn both parties’ deadline for post-trial filings from December 4, 2023, to January 12, 2024. The stated reasons were to obtain documentary evidence concerning the California court’s actions and to determine how the information should be addressed if confirmed.

Ruling

Judge Katherine Polk Failla granted the application. The court adjourned the deadline for the parties’ respective post-trial findings of fact and conclusions of law to January 12, 2024. The Clerk of Court was directed to terminate the pending motion at docket entry 109.

This order addressed only the filing deadline. It did not determine whether the California conviction had actually been vacated, rule on the proposed California order, or decide the merits of the Hague Abduction Convention proceeding.