Sandoval Delgado v. Diaz Marquez

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 WILFRIDO SANDOVAL DELGADO, Case No. 23-cv-05141-VKD

9 Petitioner,

PRETRIAL ORDER NO. 1

v. 10

11 VERANIA DIAZ MARQUEZ, Respondent. 12

13 14 The Court held a final pretrial conference on January 24, 2024, and now orders as follows: 15 1. Issues to Be Decided at Trial 16 a. Petitioner’s Case under Article 3 17 Petitioner Wilfrido Sandoval Delgado asserts that JASD was wrongfully removed from his 18 habitual residence in Mexico in breach of petitioner’s custody rights at time when petitioner was 19 actually exercising his custody rights, in violation of Article 3 of the Hague Convention. 20 As discussed at the pretrial conference, the parties agree that Mr. Sandoval has established 21 the elements of his case for return of JASD and that the following facts are not disputed: (1) 22 respondent Verania Diaz Marquez removed JASD from Mexico on April 21, 2022; (2) Mexico 23 was at that time JASD’s habitual residence; (3) the removal was in…