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Farr v. Kendrick

United States District Court, D. Arizona

September 23, 2019

Michael Abraham Farr, Petitioner,
v.
Bonnie Jeanene Kendrick, Respondent.

          ORDER

          Dominic W. Lanza United States District Judge

         Pending before the Court is a motion to redact transcripts (Doc. 92) filed by Petitioner Michael Abraham Farr (“Father”). For the following reasons, the motion will be denied without prejudice.

         BACKGROUND

         In April 2019, Father initiated this case by filing a petition under the International Child Abduction Remedies Act (“ICARA”), 22 U.S.C. § 9001 et seq., which implements the provisions of the Hague Convention on the Civil Aspects of International Child Abduction (“the Convention”). (Doc. 1.) In the petition, Father, who is proceeding pro se, sought an order compelling his ex-wife, Bonnie Jeanene Kendrick (“Mother”), to return the couple’s minor children E.G.F. and E.C.F. to Mexico.

         The case culminated in a three-day evidentiary hearing held on June 12-14, 2019. During the hearing, the parties repeatedly referred to E.G.F. and E.C.F. (as well as to another shared child, K.M.K.F.) by their complete names rather than by their initials. As a result, the Court provided the following instruction to the parties:

Throughout the morning proceedings there have been references to the minor children by their names. That’s understandable. It’s very difficult and seems sort of clinical to keep referring to them by their initials. I’d simply note that if and when a transcript is prepared in this case, each time the children are referred to by their names rather than initials, the party ordering the transcript will need to go through line by line and alert the court reporter on where that information needs to be redacted. So given that, it may be you want to keep referring to them by their names, but just recognize that every time you’re doing that, you’re buying yourself a lot of work on the back end in terms of how the transcript is going to look. I just want to make everybody aware of that.

(Doc. 80 at 122.)

         On June 21, 2019, the Court issued an order denying Father’s petition. (Doc. 72.)

         On June 28, 2019, Father filed a notice of appeal (Doc. 76) and placed an order with the court reporter for the transcripts from each day of the evidentiary hearing (Doc. 77).

         On July 12, 2019, the court report provided the transcripts to Father by filing a “Notice of Filing of Official Transcript.” (Docs. 80, 81, 82.) Each notice specified that any “Redaction Request” was due by August 2, 2019 and that the transcripts would be released to the public on October 10, 2019. (Id.)

         No redaction request was filed by August 2, 2019.

         On September 3, 2019, Father filed a “motion to redact transcripts.” (Doc. 92.) It requests “that the names of my minor children, K.M.K.F., E.G.F., and E.C.F. be redacted from the electronic transcript. I understand the timeframe to request such redaction with the court reporter has expired. As a pro se litigant my knowledge of this procedure and timeline that accompanies it was very limited. Good cause exists for the Court to grant this motion to protect the identity of the minor children.” (Id. at 1.)

         DISCUSSION

         Father’s request is governed by section 330.10.10(e) of Volume 10 of the Guide to the Judiciary Policy, which provides that “[a] party is to submit to the court reporter or transcriber, within 21 calendar days of the transcript’s delivery to the clerk, or longer if a court so orders, a statement indicating where the personal data identifiers to be redacted appear in the ...


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