Free Motion for Miscellaneous Relief - District Court of Delaware - Delaware

Case 1 :06-cv—00793-SLR Document 21 Filed 09/17/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
EMMANU EL N. LAZARIDIS, individually and )
in his capacity as legal custodian of IJ. L., a minor, )
)
Plaintiff, ) Civil Action No. 06-793 SLR
) Tg ,1,
v. ) Hon. Sue L. Robinson —·»
v v > at ste?
TINA LAVINA WEHMER, ) T? gte
MATTHEW NEIDERMAN, ) IQ Q
CATHERINE SUTER, ) _~
AFRODITI MINA MAUROEIDI, and ) D
the OFFICE OF THE ATTORNEY GENERAL ) MOTION FOR AN INJUNCTION N
OF STATE OF DELAWARE, by and ) PENDING APPEAL
through Joseph R. Biden, III, Attorney General. ) w
)
Defendants. )
)
Plaintiff, Emmanuel N. Lazaridis, in light of the Courts Order of August S, 2007 and recent
developments herein described, requests pursuant to Fed. R. Civ. P. 62(c) that the Court issue an
injunction pending appeal of the said Order to prohibit the State of Delaware from enforcing foreign
orders registered in its F anrily Court under Delaware‘s Uniform Child Custody Jurisdiction and
Enforcement Act ("UCC.IEA"), 13 Del. C. § 1901 et seq., and its Uniform Inlerstaie Family Support
Act ("UIESA"), 13 Del. C. § 6, and preventing the private defendants from registering any further
foreign orders in the State of Delaware or trom otherwise seeking enforcement of such orders, and in
support of his request states as followst
1. , t ”{ _____ f the State of Delaware issued a Civil Dis osition annexed
hereto, vacating registration of the April 5, 2005 order in divorce issum by the Court of First
Instance of Lyon, France, accepting that Greece is exercising proper jurisdiction over the matter
of custody of plaintiffs minor child, but reserving judgement with respect to registration of
Greek child custody orders until the present case is heard on its merits, stating: "If there are no

Case 1 :06-cv—00793-SLR Document 21 Filed 09/17/2007 Page 2 of 4
pleadings within thniy days of the District Court decision and this court is found to have
jurisdiction to register jiareigrt custody orders, the January 31, 2007 Greek Order shall be
deemed to he registered in this court, without further court action, effective two months after the
final order in the District Court case" (emphasis added).
2. Although the Family Court's order of July 30, 2007 explicitly recognises that its jurisdiction is at
issue, it does vacate the Famdy Courts prior decision of August 5, 2005 to confirm registration
of a June 29, 2004 decision of the Court of Appeal of Lyon, France. As a matter of law, the
June 29, 2004 French child custody order is still registered and enforceable in the State of
Delaware even though the Family Court now clmrly recognises the existence of modifying child
custody orders. in fact, Delaware is the only place where the reid French jtrdgernent of
iane 29, 2004 is being enferceil
3. Although this Court declined to issue a temporary restraining order and dismissed this case on
August 8, 2007 without effecting service on the defendants, Plaintiff and his minor child are still
uncons titudonally subject to enforcement actions by the State of Delaware. The State through its
Family Court has deferred to this Court judgement on the constitutional issues raised by plaintiff.
4. Plaintiff incorporates herein by reference his July ll, 2007 Err Pane Motion For a Temporary
Restrrining Order, and his concurrently filed Motion For Stay Pending Appeal.
5. For the reasons stated above and hr plaintiffs aforesaid motions, denial of the present request
would result in irreparable harm to plaintiff and his minor child, whereas granting the present
request would not result in any harm to the defendants and would be in the public interest.
O%, Plaintiff respectfully requests that the Court:
A. Issue an injunction pending appeal to prohibit the State of Delaware from enforcing foreign orders
registered in its Family Court under Delaware's UCCJEA and its UESA, and to prevent the
private defendants from registering any further foreign orders in the State of Delaware or from
2 of 3

Case 1:06-cv-00793-SLR Document 21 Filed O9/17/2007 Page 3 of 4
ullnexwise seeking e11f01*eeme11t 0f such erders;
B. Neuce defendants fer a hearing 1i1rt11er K0 issuance ef an mjuuctieng and
C. Grant any elher relief the Court deems appropriate.
J_ ..~ ~4 "'—_`——”-"$
( -· »·e·
E Dated: September 10, 2007
Emmzmuel N. Lazaridis
Lazsxidis ·— Kertsidalds
Smymis 14
71201 Hetaldteu, Crete
GREECE
Tel: +30 281 033 3346
Fax; +01484 631 0508 (USA)
3 caf 3

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